Download Method of Service

METHOD OF SERVICE
DESTINY SAHAGUN
STEVEN MAGNONE
WHAT IS SERVICE?
• Wikipedia:
• Party of a lawsuit gives appropriate notice of initial legal
action to another party.
• Black’s Law Dictionary (9th Edition)
1. The formal delivery of a writ, summons or other legal
process,
2. The formal delivery of some other legal notice, such as a
pleading.
GOVERNING STATUTE
• Service of Summons: California Code of Civil
Procedure (CCCP) § 413.10 – 417.40
• Obtaining Possession of Real Property in Certain
Cases: CCCP § 1159 – 1179(a)
• 3-Day Pay Rent or Quit: CCCP § 1161
WHO CAN BE A “SERVER”
• CCCP § 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.
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A friend or relative;
A coworker;
A county sheriff or marshal;
A professional process server; or
Anyone over 18 who is NOT part of the case.
• Professional servers: California Business and
Professions Code § 22350 - 22360
WHAT DOES THE SERVER DO
• Serve the paperwork on the other side in the time
require;
• Fill out a proof of service form that tells the court
whom they served, when, where, and how; and
• Return the proof of service to you so you can file it
with the court.
3-WAYS TO SERVE A 3-DAY NOTICE TO
PAY RENT OR QUIT
• Personal
• Substitute Service
• Posting and Mailing (eviction only)
PERSONAL SERVICE
• Server give the papers to the party being serviced.
• At home, work, street, wherever.
• Must identify the party being served and hand the legal
papers to him/her .
• Must inform him/her that they are being handed court papers.
• Person being served does not have to sign anything.
• Server then fills out a Proof of Service detailing when,
where and how the papers were served.
• Server signs the proof and returns it so it can be filed with
the court.
SUBSTITUTE SERVICE
• Used after several attempts to personally serve have failed
(usually three or more).
• Server is unable to find the person being served.
• Leaves the paper with someone at the other party’s house who is at
least 18 years old and also lives there.
• Leaves the paper with someone at the other party’s work who is at
least 18 years old and also works there.
• Must tell the substitute that they are being handed legal
documents.
• Must get substitute’s name, address. If substitute is unwilling to give
that information, then detailed physical description of the person.
• Server must mail a copy of the papers to the other party at the
address where the papers were left.
POSTING AND MAILING
• Used after several attempts to
personally serve have failed
(usually three or more).
• Write a “Declaration of Due
Diligence”
• Form MC-030.
• Detail every attempt to serve.
• File an application to the court
asking for permission to serve by
“posting and mailing”
• California Code of Civil Procedure
(CCCP) §415.45
3-DAY NOTICE TO PAY RENT OR QUIT
EXPIRATION
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Within 3-days.
Countdown begins day after service.
Three days do not include weekend.
Three days do not include holidays.
I.E. three day notice was served on the Thursday before
Labor Day weekend;
• The three days starts Friday (the day after service was
received).
• Skips over the weekend and the holiday on Monday.
• Continues on Tuesday.
• Expires on the following Wednesday.
• Tenant pay or out on Wednesday or before.
• Must not be occupying the premises on Thursday.