FAQ,s – Los Angeles Process Servers by Amstar Express Frequently Asked Questions Registered Los Angeles Process Servers & Legal Process Services Q. What is Process Serving in Los Angeles? A. Process serving is how the court obtains ‘jurisdiction’ over a person or entity by means of service of process. The courts want to be absolutely sure a defendant(s), witnesses or other person have had proper legal notice before proceedings may move forward. This is a safeguard in our justice system so that it is unlikely a judgement or other legal ramifications may be obtained without the defendant or witness having legally adequate opportunity to defend themselves. Q. What are Los Angeles Process Servers? A. Los Angeles Process Servers in Los Angeles County are persons who is authorized by law (Registered Process Server) to ‘serve’ legal documents such as; Small Claims, Summons & Complaints, Subpoenas, Unlawful Detainers, Temporary Restraining Orders etc. to the Defendant, or Individual being sued. Q. What is required in order for a person to be ‘registered’ Los Angeles Process Server in Los Angeles County? A. The person being registered must register in his or her county of residence, ie Los Angeles County, Ventura County, Orange County etc. must register in that particular county. The process is much the same for a Process Server in Los Angeles County as it would be for a Process Server in Ventura County The applicant is screened by the Department of Justice and must submit finger prints, fees etc. and have no felony criminal record for obvious reasons. Registration as a process server in any county such as Los Angeles County or Ventura County, allows that server to serve legal documents in any county in California. Q. Is training required to be a Registered Process Server in Los Angeles or any other County in California? A. Surprisingly, NO. Process Servers do NOT need to be trained or experienced as Los Angeles Process Servers to become registered. However, training is available though a number of sources and most Registered Process Servers in Los Angeles County and elsewhere get training on the job and/or are ‘mentored’ by an experienced Registered Process Server. Hiring a server who knows the rules and regulations with regard to proper service of a particular type of document is of paramount importance to your case. It is very important that price is NOT the primary reason you hire a particular process server as there are quite a few persons in the industry simply doing this as a means to make a few extra dollars and have no interest in gaining the required education to become a proficient process server. This is turn can cost a client a significant amount of money in the long run. Q. Must a person serving documents be registered in order to serve legal documents or papers? A. Certain types of documents must be served by a Registered Process Server / Process Server or Sheriff. Those documents usually carry significant penalties if not complied with such as arrest etc. Many types of Civil Court matters can be served by a person who is NOT registered as a process servers as long as that person is 18 years old or older, not be a party to the case; Serve the paperwork on the other side in the time required; 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. By law, a person may serve up to 10 in a 12 month period without being registered. That being said, it is highly recommended that you have a professional Registered Los Angeles Process Server do your process serving for you as the courts will NOT allow defective service just because your neighbor or buddy didn’t know the law. Q. Do Registered Los Angeles Process Servers have any special privileges or powers with regard to serving legal documents. A. A Registered California Process Server has the same powers as a peace officer with regard to process serving and the following: Assault on a Registered Process Server while performing a service of process is a felony. (Penal Code 243) Limited exemption from trespass (Penal Code 602(m)Vehicular Trespass (Penal Code 602.8(c)(3) Lands Under Cultivation or Enclosed by a Fence, and posted with a “No Trespassing” sign) Proof of service has rebuttable presumption status (Evidence Code 647) Must be provided access to a gated community when performing a service (CCP 415.21) Service , Locate and stakeout fees are recoverable costs (CCP 1033.5(4)(B) Q. Is Process Serving or Being a Registered Process Server dangerous? A. Absolutely! Los Angeles Process Servers are ‘serving process’ on an individual they do not know and bringing them what in all likelihood, is bad news. An experienced process server assesses every situation they walk in to, much the same as a Peace Officer would. It is important to let the process server or process serving company know if the subject being served presents any danger to the process server so the process server can better prepare for the situation. Additionally, Process Servers in Los Angeles and elsewhere must handle the service of Family Law documents and emotions to those involved in the case can run high. This can lead to dangerous situations as well to the Process Server. Q. What is a Proof of Service? A. A Proof of Service is a court form which is filled out once the Defendant has been served with the legal documents or papers. After the Proof of Service is completed it is MUST then filed with the court. A Proof of Service contains information such as the name of the person who was served, their capacity IE, Individual, corporation etc., the location where he or she accepted service, the time and date the defendant was served, and the description of the individual accepting service. Additionally, while some rules are changing due to e-filing etc., most proof of services must be originals bearing the Registered Process Servers ‘wet signature’. One should also have an extra copy ‘conform stamped’ by the court as proof of filing should the original document go missing at the court as an extra measure of security. Q. What is a Substitute Service? A. Some, but not all legal documents can be served by ‘substituted service’ as long as certain conditions are met. A Substitute Service is when a Registered Process Server delivers legal papers to an Individual who isn’t listed as one of the Defendants on the lawsuit, but either resides at the same residence or works at the same company as the Defendant. Having a well trained and experienced Process Server and/or Process Serving Company is a good rule of thumb when hiring a Process Server for your Process Serving needs as a well trained Process Server knows what documents can and cannot be served by substituted service and the follow-up requirements mandated by the courts for the Process Server to follow after a service of process by substituted service. Q. Does the defendant need to ‘accept’ the service? A. No and indeed, some do not and in some cases, mistakenly believe they must have the documents handed to them and for them to willingly accept in order for the service of process to be valid. Therefore, some defendants or witnesses may refuse to accept. However, the law is clear on this issue and requires the servee be in “Within Reasonable Speaking distance” to the server. This means that even if a Registered Process Server has the door slammed on them after proper identity has been established, the documents are deemed properly served. Q. Is it better to have a Sheriff or Private Los Angeles Process Servers serve my legal documents? A. Good question. Many California Counties no longer offer this service for financial reasons. However, the question is best answered by clicking the link to Process Server vs Sheriff which is a short video that will answer your question completely. Q. How long does it usually take for a Registered Los Angeles Process Servers to serve legal documents or papers? A) Normally, it takes Registered Los Angeles Process Servers about 5 to 7 days to serve legal documents or papers. Depending on Court requirements, sometimes service must take place in a more expedited manner. Amstar Express offers the following service levels. 1. Special – Service requires immediate attempt or attempt during certain hours or other special circumstances. 2. Do Today or Same Day Service – First attempt made within 24 hours. – Includes 5 Attempts or until time to serve expires. 3. Rush Service – Less than 6 days to serve with First attempt within 3 Days or less – Includes 5 Attempts or until time to serve expires. 4. Routine or Standard Service – 7+ days to serve with first attempt within 3 to 4 days. – Includes 5 attempts. Q. What if a Los Angeles Process Server is unable to serve the legal documents or papers? A. This can happen for many reasons so it all depends why the process server wasn’t able to serve the legal papers. If the location was a bad address then a new location needs to be provided. (Amstar Express offers skip tracing services) If the Individual is avoiding service then multiple attempts need to be made until he or she is served and may require another fee to facilitate those additional attempts and/or more aggressive action may be required such as a stake out etc.. The good news is that approximately 90% of our service requests are successful within the parameters set above. Q. What is a Stakeout? A. A Stakeout is when a process server in Los Angeles County and elsewhere, waits outside of a subjects residence, business or other frequented location, keeping an eye out for when the Defendant arrives or leaves the location being staked out and then serves him or her with the legal papers or documents. This can last anywhere between 1 hr. to 4 hrs. depending on how long the client requests the service for. Amstar Process Servers have been on some stake-outs that took several days but that is more the exception. It really depends on many factors in financial limits. But remember, under CCP 1033.5(4)(B) Service, Locate and stakeout fees are recoverable costs. Experienced Process Servers take note of all vehicles present, activities occuring in and/or around the subject property and much more as part of the stake-out service. Q. What if I don’t know where the Defendant lives? A. There are several ways of locating the Defendant. One method is called skip tracing. The way skip tracing works is the Defendants name and last known address together with a third piece of information (i.e. Date of Birth, Social Security, or Driver’s License) is typed into a database by our investigators which usually nets an updated address for the Defendant to be found. Q. How long after the incident happened must I file my lawsuit? A. This depends on many factors and you should consult an attorney before investing in legal action. Generally, if your claim is regarding personal injury, then you have two years from the date of injury or from the date you discovered you were injured. If it is regarding property damage, then you have three years from the date the damage occurred. If it was a written contract then you have four years from the date the contract was broken. Oral contract, two years from the date the contract was breached. Fraud, four years from the date you were defrauded. This content should NOT be construed to be legal advice as we are not attorneys and some rules change from time to time. Q. Do Los Angeles Process Servers in Los Angeles County need to give the Defendant an original document? A. Generally speaking, in California, Los Angeles Process Servers do not need to serve the Defendant with the original document. Either a faxed copy or an emailed copy is adequate. It should be noted that some states do require original documents bearing the courts seal etc. Q. Will I be notified when Service of Process is completed? A. Yes, once the process server has served the defendant or Individual, you will be notified either by phone or email. This will be followed by your original proof of service within a few days unless you wish to have us file your proof of service for you. (Service available for additional charge) Q. What is your coverage area? A. Our service areas include all Los Angeles County including West Los Angeles, Agoura Hills, Alhambra, Arcadia, Artesia, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Beverly Hills, Bradbury, Burbank, Calabasas, Carson, Century City, Cerritos, Chatsworth, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Cañada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, North Hollywood, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Sherman Oaks, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Tarzana, Temple City, Torrance, Van Nuys, Vernon, Walnut, West Covina, West Hollywood, Westlake Village, Whittier, Woodland Hills…and all other Counties in California as well as every State in the Union! Los Angeles Process Servers by Amstar Express…we’re here to help! FAQ,s – Los Angeles Process Servers by Amstar Express Frequently Asked Questions Registered Los Angeles Process Servers & Legal Process Services Q. What is Process Serving in Los Angeles? A. Process serving is how the court obtains ‘jurisdiction’ over a person or entity by means of service of process. The courts want to be absolutely sure a defendant(s), witnesses or other person have had proper legal notice before proceedings may move forward. This is a safeguard in our justice system so that it is unlikely a judgement or other legal ramifications may be obtained without the defendant or witness having legally adequate opportunity to defend themselves. Q. What are Los Angeles Process Servers? A. Los Angeles Process Servers in Los Angeles County are persons who is authorized by law (Registered Process Server) to ‘serve’ legal documents such as; Small Claims, Summons & Complaints, Subpoenas, Unlawful Detainers, Temporary Restraining Orders etc. to the Defendant, or Individual being sued. Q. What is required in order for a person to be ‘registered’ Los Angeles Process Server in Los Angeles County? A. The person being registered must register in his or her county of residence, ie Los Angeles County, Ventura County, Orange County etc. must register in that particular county. The process is much the same for a Process Server in Los Angeles County as it would be for a Process Server in Ventura County The applicant is screened by the Department of Justice and must submit finger prints, fees etc. and have no felony criminal record for obvious reasons. Registration as a process server in any county such as Los Angeles County or Ventura County, allows that server to serve legal documents in any county in California. Q. Is training required to be a Registered Process Server in Los Angeles or any other County in California? A. Surprisingly, NO. Process Servers do NOT need to be trained or experienced as Los Angeles Process Servers to become registered. However, training is available though a number of sources and most Registered Process Servers in Los Angeles County and elsewhere get training on the job and/or are ‘mentored’ by an experienced Registered Process Server. Hiring a server who knows the rules and regulations with regard to proper service of a particular type of document is of paramount importance to your case. It is very important that price is NOT the primary reason you hire a particular process server as there are quite a few persons in the industry simply doing this as a means to make a few extra dollars and have no interest in gaining the required education to become a proficient process server. This is turn can cost a client a significant amount of money in the long run. Q. Must a person serving documents be registered in order to serve legal documents or papers? A. Certain types of documents must be served by a Registered Process Server / Process Server or Sheriff. Those documents usually carry significant penalties if not complied with such as arrest etc. Many types of Civil Court matters can be served by a person who is NOT registered as a process servers as long as that person is 18 years old or older, not be a party to the case; Serve the paperwork on the other side in the time required; 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. By law, a person may serve up to 10 in a 12 month period without being registered. That being said, it is highly recommended that you have a professional Registered Los Angeles Process Server do your process serving for you as the courts will NOT allow defective service just because your neighbor or buddy didn’t know the law. Q. Do Registered Los Angeles Process Servers have any special privileges or powers with regard to serving legal documents. A. A Registered California Process Server has the same powers as a peace officer with regard to process serving and the following: Assault on a Registered Process Server while performing a service of process is a felony. (Penal Code 243) Limited exemption from trespass (Penal Code 602(m)Vehicular Trespass (Penal Code 602.8(c)(3) Lands Under Cultivation or Enclosed by a Fence, and posted with a “No Trespassing” sign) Proof of service has rebuttable presumption status (Evidence Code 647) Must be provided access to a gated community when performing a service (CCP 415.21) Service , Locate and stakeout fees are recoverable costs (CCP 1033.5(4)(B) Q. Is Process Serving or Being a Registered Process Server dangerous? A. Absolutely! Los Angeles Process Servers are ‘serving process’ on an individual they do not know and bringing them what in all likelihood, is bad news. An experienced process server assesses every situation they walk in to, much the same as a Peace Officer would. It is important to let the process server or process serving company know if the subject being served presents any danger to the process server so the process server can better prepare for the situation. Additionally, Process Servers in Los Angeles and elsewhere must handle the service of Family Law documents and emotions to those involved in the case can run high. This can lead to dangerous situations as well to the Process Server. Q. What is a Proof of Service? A. A Proof of Service is a court form which is filled out once the Defendant has been served with the legal documents or papers. After the Proof of Service is completed it is MUST then filed with the court. A Proof of Service contains information such as the name of the person who was served, their capacity IE, Individual, corporation etc., the location where he or she accepted service, the time and date the defendant was served, and the description of the individual accepting service. Additionally, while some rules are changing due to e-filing etc., most proof of services must be originals bearing the Registered Process Servers ‘wet signature’. One should also have an extra copy ‘conform stamped’ by the court as proof of filing should the original document go missing at the court as an extra measure of security. Q. What is a Substitute Service? A. Some, but not all legal documents can be served by ‘substituted service’ as long as certain conditions are met. A Substitute Service is when a Registered Process Server delivers legal papers to an Individual who isn’t listed as one of the Defendants on the lawsuit, but either resides at the same residence or works at the same company as the Defendant. Having a well trained and experienced Process Server and/or Process Serving Company is a good rule of thumb when hiring a Process Server for your Process Serving needs as a well trained Process Server knows what documents can and cannot be served by substituted service and the follow-up requirements mandated by the courts for the Process Server to follow after a service of process by substituted service. Q. Does the defendant need to ‘accept’ the service? A. No and indeed, some do not and in some cases, mistakenly believe they must have the documents handed to them and for them to willingly accept in order for the service of process to be valid. Therefore, some defendants or witnesses may refuse to accept. However, the law is clear on this issue and requires the servee be in “Within Reasonable Speaking distance” to the server. This means that even if a Registered Process Server has the door slammed on them after proper identity has been established, the documents are deemed properly served. Q. Is it better to have a Sheriff or Private Los Angeles Process Servers serve my legal documents? A. Good question. Many California Counties no longer offer this service for financial reasons. However, the question is best answered by clicking the link to Process Server vs Sheriff which is a short video that will answer your question completely. Q. How long does it usually take for a Registered Los Angeles Process Servers to serve legal documents or papers? A) Normally, it takes Registered Los Angeles Process Servers about 5 to 7 days to serve legal documents or papers. Depending on Court requirements, sometimes service must take place in a more expedited manner. Amstar Express offers the following service levels. 1. Special – Service requires immediate attempt or attempt during certain hours or other special circumstances. 2. Do Today or Same Day Service – First attempt made within 24 hours. – Includes 5 Attempts or until time to serve expires. 3. Rush Service – Less than 6 days to serve with First attempt within 3 Days or less – Includes 5 Attempts or until time to serve expires. 4. Routine or Standard Service – 7+ days to serve with first attempt within 3 to 4 days. – Includes 5 attempts. Q. What if a Los Angeles Process Server is unable to serve the legal documents or papers? A. This can happen for many reasons so it all depends why the process server wasn’t able to serve the legal papers. If the location was a bad address then a new location needs to be provided. (Amstar Express offers skip tracing services) If the Individual is avoiding service then multiple attempts need to be made until he or she is served and may require another fee to facilitate those additional attempts and/or more aggressive action may be required such as a stake out etc.. The good news is that approximately 90% of our service requests are successful within the parameters set above. Q. What is a Stakeout? A. A Stakeout is when a process server in Los Angeles County and elsewhere, waits outside of a subjects residence, business or other frequented location, keeping an eye out for when the Defendant arrives or leaves the location being staked out and then serves him or her with the legal papers or documents. This can last anywhere between 1 hr. to 4 hrs. depending on how long the client requests the service for. Amstar Process Servers have been on some stake-outs that took several days but that is more the exception. It really depends on many factors in financial limits. But remember, under CCP 1033.5(4)(B) Service, Locate and stakeout fees are recoverable costs. Experienced Process Servers take note of all vehicles present, activities occuring in and/or around the subject property and much more as part of the stake-out service. Q. What if I don’t know where the Defendant lives? A. There are several ways of locating the Defendant. One method is called skip tracing. The way skip tracing works is the Defendants name and last known address together with a third piece of information (i.e. Date of Birth, Social Security, or Driver’s License) is typed into a database by our investigators which usually nets an updated address for the Defendant to be found. Q. How long after the incident happened must I file my lawsuit? A. This depends on many factors and you should consult an attorney before investing in legal action. Generally, if your claim is regarding personal injury, then you have two years from the date of injury or from the date you discovered you were injured. If it is regarding property damage, then you have three years from the date the damage occurred. If it was a written contract then you have four years from the date the contract was broken. Oral contract, two years from the date the contract was breached. Fraud, four years from the date you were defrauded. This content should NOT be construed to be legal advice as we are not attorneys and some rules change from time to time. Q. Do Los Angeles Process Servers in Los Angeles County need to give the Defendant an original document? A. Generally speaking, in California, Los Angeles Process Servers do not need to serve the Defendant with the original document. Either a faxed copy or an emailed copy is adequate. It should be noted that some states do require original documents bearing the courts seal etc. Q. Will I be notified when Service of Process is completed? A. Yes, once the process server has served the defendant or Individual, you will be notified either by phone or email. This will be followed by your original proof of service within a few days unless you wish to have us file your proof of service for you. (Service available for additional charge) Q. What is your coverage area? A. Our service areas include all Los Angeles County including West Los Angeles, Agoura Hills, Alhambra, Arcadia, Artesia, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Beverly Hills, Bradbury, Burbank, Calabasas, Carson, Century City, Cerritos, Chatsworth, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Encino, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Cañada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, North Hollywood, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Sherman Oaks, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Tarzana, Temple City, Torrance, Van Nuys, Vernon, Walnut, West Covina, West Hollywood, Westlake Village, Whittier, Woodland Hills…and all other Counties in California as well as every State in the Union! Los Angeles Process Servers by Amstar Express…we’re here to help! Los Angeles Process Servers Los Angeles Process Servers
Posted on: Tue, 03 Dec 2013 03:22:00 +0000
Trending Topics
Recently Viewed Topics
© 2015