1 / 11

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 (9 th Edition) The formal delivery of a writ, summons or other legal process,

tibbs
Télécharger la présentation

Method of Service

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Method of Service Destiny Sahagun Steven Magnone

  2. What Is Service? • Wikipedia: • Party of a lawsuit gives appropriate notice of initial legal action to another party. • Black’s Law Dictionary (9th Edition) • The formal delivery of a writ, summons or other legal process, • The formal delivery of some other legal notice, such as a pleading.

  3. 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

  4. 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. • 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

  5. 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.

  6. 3-Ways To Serve a 3-Day Notice to pay Rent or Quit • Personal • Substitute Service • Posting and Mailing (eviction only)

  7. 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 Servicedetailing when, where and how the papers were served. • Server signs the proof and returns it so it can be filed with the court.

  8. 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.

  9. 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

  10. 3-Day Notice to pay Rent or Quit Expiration • 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.

More Related