Legal Question in Civil Litigation in California
Process Server
Through a series of bizarre coincidences I have been asked to
serve papers on an individual I do not know, in regards to a case I
have little knowledge of. It is being done primarily as a favor.
What do I need to do before, after, or doing to legal serve papers?
Is anything required or can I just walk up to the person and hand
him the papers? Or even, and Ive discovered this law through my
web search, place it on the door or slide it under the door if I know
it is where the person I am serving lives...?
Any help would be greatly appreciated.
2 Answers from Attorneys
Re: Process Server
Sorry, but cannot answer this one.
Re: Process Server
You cannot simply "slide it under the door." Personal service is just that, personally handing the document on the designated recipient. There is something called "substitute service." That, however, is not what you are being asked to do. Go up to the individual and hand him/her the papers.If they are refused, you may throw them at him/her, identifying the papers as legal process. You will be asked to fill out a Proof of Service, attesting under penalty of perjury that you served the document on the individual served. It is not unusual for the process server not to know about the case the documents relate to. In fact, if you were a party in the action, you could not serve the papers. Check with the attorney who has asked you to serve the papers, if there is something more he/she wants of you, or are you being asked to serve the papers by the plaintiff, to attempt to save service fees?
Related Questions & Answers
-
Assault what constitutes assault? Asked 5/24/03, 1:49 pm in United States California General Civil Litigation