Process Serving Explained

Process Serving Explained

If you are involved in a court case, legal proceedings, or a lawsuit in the Los Angeles area, you must be notified by the court.

The person who delivers or serves the notice to you is the process server. The role of a process server is simple - he or she delivers the court summons to those who are involved in a legal proceeding. Depending on how cooperative the recipient is, the job can be easy or incredibly complicated.

After serving these documents by hand, the process server will provide you with a “Proof of Service” as proof that the documents were served in the appropriate manner. The laws concerning process serving are often complex, and failure to serve properly can result in the case being delayed or thrown out.

Finding the Defendant

We understand that specific steps must be followed so that the process is done correctly. But first, the defendant must be found. That involves collecting as much information about the recipient, including:

  • The defendant’s sex, race, age, height, weight, hair color, birth date, or age
  • The address and phone number where the defendant lives
  • The name of the defendant’s spouse or other persons over the age of 18 who live at the defendant’s home
  • The name, address, and phone number of the place where the defendant works
  • The make, model, year, and/or license number of the defendant’s car

If the defendant is reluctant, hiding, or specifically trying to avoid being served, the process server may need to employ certain tactics in order for the process to be served. This may include skip-tracing to find a current address, staking out to reveal the defendant’s daily routine and habits, and finding an opportune time to serve the papers.

Proof of Service

After the defendant has been served, the process server must prepare a “Proof of Service.” If the process server was able to deliver the papers, the proof of service must state that process was served and when and how it was served. The proof of service must also state that the process server is at least 18 years old, not a party to the case, and not an employee of a party to the case. The proof of service should be typewritten or printed in black ink. The proof of service must include the same caption (name of the court, names of the plaintiffs and defendants, and case number) as your claim. Then, the process server must sign and date the proof of service under penalty of perjury. At this point, the case may proceed forward.

Types of Legal Documents We Serve

At Process Service - Mark Valenti, we deliver a variety of legal documents, including:

  • Subpoenas
  • Summons and Complaint
  • Citation Serving
  • Motion Serving
  • Divorce Papers
  • Witnesses
  • Defendants
  • Respondents
  • Small Claims Documents
  • Foreclosure Action
  • Demand Notices
  • Debtor / Collection Letters