Is a California Notary Public Required?
If a document must be notarized, yes, a Notary Public must be present at the time of signing. A Notary Public is a person commissioned by a particular state or county jurisdiction to perform a variety of notarial acts must do so with great specificity and accuracy. Among these, an Notary Public is vested with the authority to administer oaths, and execute jurats.
What is a California Jurat?
A California jurat is a certificate by the person before whom a writing was sworn and is designed to compel truthfulness on the part of the signer. The jurat is completed during the execution of an affidavit and is generally written at the foot of an affidavit stating when, where, and before whom such affidavit was sworn. Before executing a jurat, a Notary Public must be satisfied as to the identity of the signor, and the voluntary nature of that persons signature. At least one picture identification issued by a state or government agency i.e. Drivers license or a Passport, is required at all times. The signing of the affidavit, and the execution of the jurat, is required to be done at the same time in the physical presence of each other.
What is The Role of a Notary Public in a California Process Serving Company?
A Notary Public, whether employed by a California process serving business, or not, must adhere to the state or county laws regarding Notary Publics within the jurisdiction where he or she has been commissioned. These duties and obligations transcend other duties that may be assigned by anyone else including an employer
What About the Content of the California Affidavit, Proof or Return on Service Executed?
A proof, return or affidavit of service must accurately state the date, time, place, and manner of service, and any additional information that would reflect how delivery of process or other legal document was made to a person or entity served. An approximate physical description is also recommended, usually offered by Process Servers but is usually not a requirement. When required, a proof or affidavit of service should also reflect the description or relationship of that person to the person or entity served, and the military status of the person served.
What Does a California Private Process Server Do?
A California Private Process Server is professional person who delivers court related documents or the service of process for Attorneys, law firms, individuals, corporations or organizations based upon the directives of the Lawyer and the laws of the state or district where the legal action was initiated.
Are there rules and laws that California Process Servers follow?
Yes, of course! California has its own rules and laws as to how service of process, the delivery and service of legal documents are "Served" upon witnesses and defendants. Moreover, listed Process Servers are familiar with California laws where they serve process.
Why is a California Private Process Server Needed?
California Private Process Servers know the laws, statutes and regulations related to service of process in their service area. There are certain requirements and few constraints that are associated with service of process in California depending on document type and jurisdiction.
What is a California Private Process Server Agency?
A California Process Server agency offers a wide range of legal support services, mainly to Law firms, Financial and Corporate Companies, Attorneys, Insurance and Government Offices. Most of the services offered by a California Process Server are as follows: court filings, document retrieval and copying, evictions, three day notices, five day notices, fourteen day notices, serving a petition for divorce or modifications, skip tracing, public records search, subpoena service, summons servers, citation servers, federal district summons servers, federal district subpoena servers, surveillance, mobile notary public, database records research and postal records information.
Does a California Private Process Server Need to be Licensed?
A Process Server does not need to be licensed in every state. In fact, many jurisdictions only require a person who is a disinterested party and above the age of eighteen.
What is a California Subpoena?
A California Subpoena is actually the same as a subpoena anywhere else in the nation. However, some California subpoenas have limited jurisdiction and geographic limitations. A California subpoena compels a person or business to appear to testify or to produce evidence. Consider a subpoena to be an order of a court which requires a person to be present at a certain time and place. There are legal consequences and possible penalties for those who do not comply with a California Subpoena. A Subpoena is the most widely utilized tool used by lawyers to ensure that witnesses present themselves at a given place, date and time to make them available to offer evident and to testify.
What is a California Subpoena Duces Tecum?
A California Subpoena Duces Tecum is a demand to produce records at a certain time and place. There are legal consequences and possible penalties for those who do not comply with a Subpoena Duces Tecum. A Subpoena Duces Tecum is the most popular legal command and assists with due process and court proceedings and all other locations and jurisdictions in the United States.
What is Substituted Service of Process in California?
If a party appears to be avoiding service of court documents a request may be made with the California court to, instead of personal service (i.e. giving the document directly to the person), that the document be published in a local California newspaper, served on a person believed to reside with the person at her or his usual place of abode, posted to a front door and then mailed or mailed to a last known address.
What is a California Summons?
A California summons is a legal court issued document or writ directing a private Process Server or other officer to notify a person that an action has been commenced against that individual or entity and that she or he is required to appear, on a certain day, and answer the complaint in such action.
What is Legal California Service of Process?
California Service of Process is when legal documents like, a summons, complaint, subpoena, order to show cause, writ, citation, demand and other court documents are delivered to the individual or business to whom the legal document is directed.
What Else Does a California Private Process Server Do?
A California private Process Server delivers (or serves) legal documents such as, but not limited to, summons, subpoenas, complaints, orders, notifications, demands, warnings and other court documents to a defendant, witness, debtor or an entity involved in a court case or legal proceeding. The Process Server must serve the documents in accordance with applicable law.. This may mean handing the documents to the defendant personally or sub-serving a full time co-resident in the same household or to a responsible and authorized person at a business.
Do I need a California Process Server?
YES of course you do. Hiring a California Process Server is an important official step in proceeding with a court case or mediation. In some states someone who performs service of process is required by law to be licensed, so if you are in one of these states, the answer is simply, definitely! Even if a California Process Server does not need to be licensed in the state where you need service, you should keep in mind that a Process Server is someone who is experienced in serving legal documents efficiently and in accordance with standard ethics and laws. More importantly, professional Process Servers are knowledgeable of the legislation surrounding service of process in their jurisdiction, state, county or country. If the service is not performed in accordance with the law, improper service can hinder the case from going forward, or result in the dismissal of the case. Improper service in California also delays obtaining crucial evidence, which can cause injunctions, and increase in court fees and additional attorney fees.
Where can Defendants and Witnesses be Served Process in California?
This is also an important reason why you need an experienced Professional California Process Server to effect service. California Process Servers can serve anyone, anywhere and at any time provided no laws are violated and abide by strict rules and procedures stating when services cannot be made