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California
Process Serving Laws
(Rules of Civil Procedure in the
United States)
Quick Answers:
Who can be a process server in
California?
Any adult over the age of eighteen
(18) years old, that is not a party
to the case, or a member of a
corporation or organization that is
a party, may serve (deliver) the
papers.
Does California require process
servers to be licensed?
According to the California
Business and Professions Code §22350
and §22353: Persons who serve
more than 10 papers a year are
required to be registered in the
county in which they operate.
Registration is valid statewide.
Applicants must be a resident for
one year immediately preceding
filing. Each applicant is required
to post a $2,000 bond or cash
deposit. No testing or education
required. Licensed private
investigators, although exempt from
the registration requirement, would
probably not be empowered to serve
bank levies and similar documents
without being registered in view of
the statutory language requiring
that a registered process server
serve those documents.
Are there any day or time restrictions to
service of process in California?
No.
California Rules of Civil Procedure
are from
CivilProcedure.info
Federal Rules of Civil Procedure
site
Because the laws of process service
may change from time to time, please
check the
California Courts website for
updated rules of civil procedure in
California.
Rules of Civil
Procedure in California:
§ 413.10:
Except as otherwise provided by
statute, a summons shall be served
on a person:
- Within this state, as
provided in this chapter.
- Outside this state but
within the United States, as
provided in this chapter or as
prescribed by the law of the
place where the person is
served.
- Outside the United States,
as provided in this chapter or
as directed by the court in
which the action is pending, or,
if the court before or after
service finds that the service
is reasonably calculated to give
actual notice, as prescribed by
the law of the place where the
person is served or as directed
by the foreign authority in
response to a letter rogatory.
These rules are subject to the
provisions of the Convention on
the "Service Abroad of Judicial
and Extrajudicial Documents" in
Civil or Commercial Matters
(Hague Service Convention).
(Amended by Stats. 1984, Ch.
191, Sec. 1.)
§ 413.20:
If a summons is served by mail
pursuant to this chapter, the
provisions of Section 1013 that
extend the time for exercising a
right or doing an act shall not
extend any time specified in this
title.
(Added by Stats. 1969, Ch. 1610.)
§ 413.30:
Where no provision is made in
this chapter or other law for the
service of summons, the court in
which the action is pending may
direct that summons be served in a
manner which is reasonably
calculated to give actual notice to
the party to be served and that
proof of such service be made as
prescribed by the court.
(Added by Stats. 1969, Ch. 1610.)
§ 413.40:
Any service of summons which
complies with the provisions of this
chapter shall not be rendered
invalid or ineffective because it
was made by a person in violation of
Chapter 16 (commencing with Section
22350 Bus. & Prof.) of Division 8 of
the Business and Professions Code.
(Added by Stats. 1971, Ch. 1661.)
§ 414.10:
A summons may be served by any
person who is at least 18 years of
age and not a party to the action.
(Added by Stats. 1969, Ch. 1610.)
§ 415.10:
A summons may be served by
personal delivery of a copy of the
summons and of the complaint to the
person to be served. Service of a
summons in this manner is deemed
complete at the time of such
delivery. The date upon which
personal delivery is made shall be
entered on or affixed to the face of
the copy of the summons at the time
of its delivery. However, service of
a summons without such date shall be
valid and effective.
(Amended by Stats. 1976, Ch. 789.)
§ 415.20:
- In lieu of personal delivery
of a copy of the summons and of
the complaint to the person to
be served as specified in
Section 416.10, 416.20, 416. 30,
416.40, or 416.50, a summons may
be served by leaving a copy of
the summons and of the complaint
during usual office hours in his
or her office with the person
who is apparently in charge
thereof, and by thereafter
mailing a copy of the summons
and of the complaint (by
first-class mail, postage
prepaid) to the person to be
served at the place where a copy
of the summons and of the
complaint were left. Service of
a summons in this manner is
deemed complete on the 10th day
after such mailing.
- If a copy of the summons and
of the complaint cannot with
reasonable diligence be
personally delivered to the
person to be served as specified
in Section 416.60, 416.70,
416.80, or 416.90, a summons may
be served by leaving a copy of
the summons and of the complaint
at such person's dwelling house,
usual place of abode, usual
place of business, or usual
mailing address other than a
United States Postal Service
post office box, in the presence
of a competent member of the
household or a person apparently
in charge of his or her office,
place of business, or usual
mailing address other than a
United States Postal Service
post office box, at least 18
years of age, who shall be
informed of the contents
thereof, and by thereafter
mailing a copy of the summons
and of the complaint (by
first-class mail, postage
prepaid) to the person to be
served at the place where a copy
of the summons and of the
complaint were left. Service of
a summons in this manner is
deemed complete on the 10th day
after the mailing.
(Amended by Stats. 1989, Ch.
1416, Sec. 15.)
Search-For-Servers.com does not warrant the accuracy of these laws. The laws
listed on Search-For-Servers.com are
only a starting point for reference,
and are not meant to be legal advice or a replacement for legal console. Please consult a process
server in your area, county, or
state if you have any questions
about process service there.
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