Service of process is the legal procedure through which legal documents are delivered to a party to a case to notify them of a lawsuit or legal action against them. For this process to be valid, the process server has to follow all the rules and requirements for serving legal papers in their jurisdiction, one of which is the timing of the service.
In California, a process server is required to serve papers within a reasonable time, usually between 6AM to 10PM. While this is not a strict time requirement, process servers are expected to keep to it to avoid times that may be considered inappropriate by the recipient. As such, the best way to make sure that your legal papers are served at the right time is to hire a professional process server.
With over 16 years of experience,On-Call Legal Process Serversunderstand all the rules and requirements forservices of process in California and nationwide, including what hours to serve papers. Our experienced process servers are always available to help you deliver your court documents to the right person anywhere in the country, while making sure you stay compliant with the requirements. Schedule a free consultationwith us to discuss your needs and guide you throughout the process.
This article can be used as a complete guide for understanding what the legal serving hours are according to California law and why they should be strictly followed to ensure successful proof of service.
The Role of a Process Server
The primary role of process servers is to deliver legal documents to a party involved in a legal matter to notify them of a lawsuit or legal action against them. By serving them legal papers, process servers help make sure that the served party gets the opportunity to respond accordingly or defend themselves in court. That way, the court maintains some of its core values which include fairness, equity, and transparency. Note that for a process service to be considered proper, the process server must follow the rules that regulate how to serve someone in California.
Sometimes, it can be challenging to locate the intended recipient, especially if they are avoiding service. Process servers may need to perform skip tracing, which involves researching and locating the recipient.
After serving the documents, process servers must provide proof of service, which is a document that verifies the date, time, and manner in which they served the documents. This proof is important and is usually submitted to the court to ensure the process is legally binding.
What Time Can a Process Server Serve You in California?
In California, a process server can serve legal documents at almost any hour of the day. However, the usual hours are reasonable times, typically between 6:00 AM and 10:00 PM. The goal is to avoid times that the recipient may find inconvenient or disturbing, such as late at night or very early in the morning. These hours are put in place so that service of process is carried out in a respectful manner that does not cause disruption to the person being served.
Process servers also need to be aware of any local rules or regulations that might further restrict service hours in specific areas or under certain conditions. Additionally, there may be circ*mstances under which a process server might need to serve outside of these hours, particularly if there is evidence that the party to be served is attempting to evade service. In such cases, the process server might need to apply for special permission from the court to serve at an unusual hour.
How Many Times Can a Process Server Try to Serve You in California?
A process server can try to serve you multiple times, after which substitute service is considered, where legal documents are handed to a competent member of the household or at a person’s usual place of business with the person apparently in charge.
How Many Times Can a Process Server Come to Your House?
A process server can attempt to serve legal papers as many times as necessary to complete the service. There is no specific limit on the number of attempts they can make. The process server will often try different times of day and may return multiple times if the initial attempts are unsuccessful.
How Late Can a Process Server Come to Your Home?
In California, a process server can legally attempt to serve papers at any time of day. However, it is generally considered inappropriate and possibly harassing to serve papers late at night. Most process servers will attempt service during reasonable hours, typically between 6:00 AM and 10:00 PM.
Do Process Servers Work on Weekends?
Yes, process servers do work on weekends. In fact, weekends can be a strategic time for service, as people are more likely to be at home. There are no legal restrictions preventing service on Saturdays or Sundays, but some specific rules may apply to service on legal holidays.
Penalties for Violating Process Service Hours
If a process server serves documents at an unreasonable hour, such as late at night or early in the morning, without following proper legal procedures or obtaining necessary permissions, the service of process might be considered invalid.As such, the court may require that the serving party re-serves the document, and this may potentially cause delays in the legal proceedings.
Moreover, courts may impose sanctions on process servers who violate service rules, including fines or disciplinary actions. The sanctions are more likely if the server repeatedly violates service hours or if their actions are deemed to have interfered with the fairness of the legal process.
Moreover, a process servermay face disciplinary actions by the licensing authority, fines, and even possible criminal charges for serving legal papers at the wrong time. Secondly, the court may determine that the service of process was done improperly, which would require the court documents to be served again. Additionally, when a party is served outside serving hours, the credibility of the service will be questionable, potentially delaying legal proceedings and increasing the cost of process serving.
Legal Requirements for Process Serving in California
As an attorney, law firm, or party to a case in California, it’s important to understand the legal requirements for serving legal documents in your jurisdiction so that you can stay compliant with the rules. These requirements define who can serve legal papers, the approved methods of service, proof of service, timing requirements, etc.
First, process service must be done by a qualified process server. In California, a process server must be at least 18 years old and must not be a party to the case. Individuals who serve more than 10 legal documents per year must register as a process server in the county where they serve. Note that authorized law enforcement officers, such as sheriffs and marshals, can also serve process.
Secondly, the process server must serve the documents using an approved method of service. The approved methods of service of process in California include personal service, substituted service, service by mail, service by publication, and electronic service. If you want to serve someone out of state, you must also understand and adhere to the rules of service of process in their state.
After serving the documents, the process server must complete a Proof of Service form, detailing how, when, and to whom the documents were served. This form must be filed with the court. If substituted service or service by publication is used, the server must provide an affidavit of service of process explaining the efforts made to serve the person.
If service is not performed correctly, the case may be dismissed, or the court may not proceed until proper service is completed. Improper service can also lead to delays in the legal process, requiring re-service and additional court appearances. Additionally, providing false information on a Proof of Service form can lead to criminal charges against the process server.
What A Process Server Can and Can’t Do
If a process server cannot legally enter a locked property or building, they cannot trespass and must either leave and come back, or wait for a person to leave in order to serve them. A process server should not threaten or harass a person being served. They cannot force a person to open a door and allow them entry, or to accept the documents. Furthermore, it is illegal for a process server to pretend to be a law enforcement officer in order to compel the person to allow them entry or accept the documents being served.
While harassment and stalking are prohibited, a process server is allowed to stake out a person by waiting outside of a home or business for the person to exit, or outside a family member or friend’s home if they suspect the person is there. Note also that a process server cannot leave legal papers with anyone under the age of eighteen.
Tips for Choosing a Professional Process Server
Having an experienced, registered Process Server on your side is critical to ensuring a smooth service of process. It is important to find a reputable professional with a proven history of compliance. Check their experience and verify their Professional Affiliations with memberships such as The National Association of Professional Process Servers (NAPPS). This way you can guarantee that a process server is well established to fulfill process service accordingly. On-Call Legal Process Servers are trustworthy and efficient, and are equipped with the necessary expertise to carry out excellent process service.
Need a Process Server?
Part of performing a successful service includes adhering to the hours that are put in place for serving legal documents. To avoid inappropriate service, process servers are encouraged to deliver legal papers from 6AM to 10PM to be sure they don’t cause disturbance or inconvenience to the recipient. You can also serve papers on weekends if that’s the best time to reach out to the person served.
We recommend that you hire a professional process server who is experienced in serving court papers in your jurisdictions.On-Call Legal Process Serversare your go-to experts for all services of process within California and the United States at large. We also offerall-inclusive support services for legal professionals, attorneys, and law firms.Contact us today– let’s discuss how we can help you serve your documents without stress.
