California Process Servers - Attorney's Certified Services
Process Servers in Bakersfield, CA
12/24/13 – Christmas Eve – CLOSED AT 3PM
12/25/13 – Christmas Day – CLOSED ALL DAY
12/31/13 – New Years Eve – CLOSED AT 3PM
01/01/14 – New Years Day – CLOSED ALL DAY
Happy Veterans Day!Just a friendly reminder that all California State and Federal Courts will be closed on Monday, November 11, 2013 in observance of Veterans Day.
However, there will be no pick online gambeling bonuses ups or deliveries this day, so please schedule any assignments in proper time for handling.
To learn more about the history of Veterans Day “Click Here”.
The entire team at Attorney’s Certified Services wishes you and yours a safe and pleasureful holiday!
Attorney’s Certified Services
Bakersfield | Los Angeles | San Jose
(888) 514-5067
Happy Columbus Day!
Holiday Announcement: Just a friendly reminder that all California State and Federal Courts will be closed on Monday, October 14, 2013 in observance of Columbus Day.
However, there will be no pick ups or deliveries this day, so please schedule any assignments in proper time for handling.
To learn more about the history of Columbus Day “Click Here”.
The entire team at Attorney’s Certified Services wishes you and yours a safe and pleasureful holiday!
Attorney’s Certified Services
Bakersfield | Los Angeles | San Jose
(888) 514-5067
NEW LONG BEACH COURTHOUSE READY TO OPEN
New Gov. George Deukmejian Courthouse Opens in Long Beach Sept. 9 2013
Long Beach – The new Gov. George Deukmejian Courthouse will open for business on Monday, Sept. 9, 2013. Located at 275 Magnolia Ave., between West Broadway and West Third St. in Long Beach, the new courthouse replaces the 55 year-old Long Beach Courthouse at 415 W. Ocean Blvd.
Part of the Los Angeles Superior Court system, the old Long Beach Courthouse is one of a group of courthouses in California identified as having the greatest need for replacement. When the old courthouse opened in 1958, the city of Long Beach had a population of 344,168. The population today is approximately 650,000 – almost double.
The Long Beach Courthouse is part of what is known within the Los Angeles Superior Court as the South District. Including the San Pedro and Catalina Courthouses, the South District filed 162,895 cases in Fiscal Year 2011-2012. When the San Pedro and San Pedro-Beacon Street Courthouses closed earlier this year, the Long Beach Courthouse absorbed much of the business that had been handled at those locations. The new courthouse will hear civil, criminal, family law, unlawful detainer, juvenile delinquency and traffic matters.
Roughly 110,000 people enter the courthouse monthly. On busy days, the line of people waiting to enter the old courthouse might wrap around the building. The new courthouse was designed with a spacious, open entry and an expanded weapons screening area which will be able to accommodate the public in much greater numbers, eliminating long lines outside.
The number of operating courtrooms remains at 24; however, there is room to expand. Los Angeles County’s District Attorney, Public Defender, and Probation Dept. will all have offices in the new courthouse. In addition to the County agencies, the courthouse includes space for five retail occupants which will include The Coffee Bean and Tea Leaf and Subway. A nearby parking structure was renovated to allow for increased public parking.
Innovative public-private financing provided the means to build the Gov. George Deukmejian Courthouse in these tight economic times. Long Beach Judicial Partners was selected by the Administrative Office of the Courts to finance, design, build, operate and maintain the new courthouse. Clark Construction Group managed the project’s design and construction. The completion of the new courthouse came in on time and under budget.
The old Long Beach Courthouse will cease operations permanently at the close of business this Friday, Sept. 6, 2013.
Click HERE to view notice.
California Code of Civil Procedure: Section 1011 in Review
The California Code of Civil Procedures, Section 1011 is one of the more misunderstood service of process codes by both attorneys and process servers alike. There is a part (a) regarding attorneys, and a part (b) regarding a party. The rules for each have some similarity, but more importantly, major differences. Over the years, certain aspects of the code have been misinterpreted and misapplied to specific other portions of this code. What emerged as a result are at least three general major misconceptions that I will address and clarify here. I have included a copy of the actual code at the bottom of this article for you to refer to, and have taken the liberty to make specific portions of the code stand out.
The first thing to understand is that the very beginning of the code is very simple and straightforward. It states that “The service may be personal, by delivery to the party or attorney on whom the service is required to be made.” There are no time constraints, packaging requirements nor other allowances or restrictions. From there, alternatives are provided to effectuate service. What follows are the misconceptions and clarifications.
There are very specific conditions under which the between 9 a.m. and 5 p.m. guidelines apply.
There is no language requiring the envelope or package to be sealed, and for that matter, if the server did not have the opportunity to see what is in the envelope or package his proof can only accurately indicate a “sealed envelope” to describe what was served. Some people interpret “in the office” loosely, and will slide the envelope under the door if it is locked, but unless you can see what is on the other side of the door, how do you know that it is “in the office”? Perhaps it is in an ante room, lobby or hallway having several doors to different offices. If you are able to see through a clear door and there is space enough to slide documents under it, in instances where documents are too large to fit under the door, does taking them apart and sliding them under the door in sections fulfill the requirements? Is that complying with the “in the office” condition, or for that matter the “in an envelope or package clearly labeled to the attorney” condition. It is open to interpretation, but I think not. Wouldn’t you at least need separate envelopes, each labeled to identify the attorney, and perhaps even inscribed with something like “1 of 4, 2 of 4, etc.”? What you or your server interprets as “in the office” could easily be challenged by the intended recipient. This is especially true when considering the language that immediately follows the “conspicuous place” wording which states “or, if the attorney’s office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorney’s residence, with some person of not less than 18 years of age”. Focusing on “not open to admit of that service”, does that portion of the code infer that unless you are admitted in the office to seek someone with whom the documents can be left, you are then precluded from leaving them in a conspicuous place, and therefore cannot just slide the envelope under the door? Must you then try the residence or an alternate method that is provided for in the code? On a similar note, when instructions are provided by counsel to leave the documents leaning against, taped to, or slid under the door (again not fulfilling one or more of the specific conditions set forth in the code, and potentially invalidating the service), in good conscience can you state under penalty of perjury that you served the documents?
Part (b) of the code details service on a party and provides for service to be made “in the manner specifically provided in particular cases . . .”. It continues with what appears at first glance to be very similar to the portion of part (a) that permits leaving the documents in a conspicuous place; however, if read all the way through carefully, you can clearly see that there is no contingency provided for leaving the documents at the residence unless specifically left with a person at least 18 years of age. There is no provision to leave it at the residence unless the party is served directly, or the documents are left with a person over 18.
To sum up the CCP 1011 basics, remember that the documents should be in an envelope or package (perhaps a box if too large for an envelope) clearly labeled to identify the Attorney; can be left at any time at the office with a receptionist or other person apparently in charge; but can only be left “in” the office in a conspicuous place if there is “no one” there between 9:00 a.m. and 5:00 p.m. with whom the documents can be left. Also, the documents must be left at the residence with the party or someone over the age of 18, and cannot just be left in a conspicuous place. There are other little known provisions of the code allowing for mailing the documents, or serving them on the clerk of the court, and I encourage you to spend a minute or two to read the code below in its entirety to garner a full understanding of CCP 1011.
The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a)If upon an attorney, service may be made at the attorney’s office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. When there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorney’s office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorney’s residence, with some person of not less than 18 years of age, if the attorney’s residence is in the same county with his or her office, and, if the attorney’s residence is not known or is not in the same county with his or her office, or being in the same county it is not open, or a person 18 years of age or older cannot be found at the attorney’s residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known and otherwise to the attorney’s residence, if known. If neither the attorney’s office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b)If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the party’s residence, between the hours of eight in the morning and six in the evening, with some person of not less than 18 years of age. If at the time of attempted service between those hours a person 18 years of age or older cannot be found at the party’s residence, the notice or papers may be served by mail. If the party’s residence is not known, then service may be made by delivering the notice or papers to the clerk of the court, for that party.
Editor’s note: This article was written by an industry professional and guest contributor. The views and opinions in this article are of the author and do not necessarily reflect the views of Attorney’s Certified Services. This article was posted with the permission of the author, Cliff Jacobs.
Cliff Jacobs is the National Affiliate Relations Manager for One Legal, LLC, and has been a legal support professional for the past 23 years. He has been serving on the Board of Directors of CALSPro (the California Association of Legal Support Professionals) for the past 6 years, and is currently in his 2nd term as Vice President. He has just begun his 6th year as their Continuing Education Chairman, and is a past Technology Committee Chairman as well. Cliff is also an active member of the Marin County Legal Professionals Association.
Reference: http://www.serve-now.com/articles/1678/california-code-of-civil-procedures-section-1011-in-review
California Superior Courts e-File Update
California Superior Courts are gradually implementing new electronic filing (e-file) systems to streamline the filing of legal documents. Since the beginning of the year, San Diego County and Orange County Superior Courts have mandated the electronic filing of legal documents.
San Diego County
As of March 4, 2013, San Diego Superior Court opened up its e-filling portal to its Central Civil Division. The use of the e-filing system is mandatory for civil class actions, consolidated actions, coordinated actions, and actions that are provisionally complex under CRC 3.400 – 3.403. Such complex cases include, but are not limited to, anti-trust/trade regulation, mass tort, environmental toxic tort, and securities litigation cases, as well as insurance coverage claims arising from these case types.
Orange County
As of January 1, 2013, Orange County adopted Superior Court Rule 352 mandated the electronic filing of civil limited, unlimited, and complex actions to be electronically filed. This includes the e-filling of small claims suits as well. The Orange County Superior Court also recommends the filing of Probate cases.
If you would like more information about the new e-file systems throughout California, please feel free to connect with us at (888) 514-5067.
Sources
Electronic Filing State Links – National Council for State Courts
What is a Notary Public?
A notary public helps protect individuals and businesses from fraudulent activities during the signing of documents and administration of oaths. A notary’s main objective is to ensure that a document is authentic, that it is not signed under duress or intimidation, and to properly verify the signer’s identity and signature.
Read on to learn a detailed overview of the role of a notary public and the benefits of using a notary public during the signing of documents and the administration of oaths.
A notary public (sometimes called a notary or a public notary) is an officer commissioned by the California Secretary of State to serve the public in non-contentious matters. Notaries typically perform the following duties:
1. Administer Oaths & Affirmations;
2. Certify the Acknowledgment of Documents;
3. Certify Affidavits;
4. Certify Depositions;
5. Issue Protests of Notes & Bills; and/or
6. Perform Civil Marriage Ceremonies.
Notarized Documents
The most typical notarial transactions involve the execution (signing) of documents. Such documents may include contracts, deeds, power of attorneys, health directives, home inspections, trust signings, corporate documents, or depositions.
The document signer must physically appear before the notary, prove his/her identity to the notary, and acknowledge his/her comprehension of the document and willingness to sign. The document signer must also affirm that the contents of the document are true.
The notary uses an embossing tool to verify his or her presence at the signing of the document. A notarized document can certify that the person whose signature is entered on the document personally appeared before the notary, established his or her identity, and personally signed the document in the presence of the notary.
Administration of Oath & Affirmations
As mentioned above, notaries also administer oaths and affirmations to individuals and public officials. An oath is a solemn promise of truthfulness made by the signer, witness, or office-holder. Oaths and affirmations should always be taken seriously by the oath-taker and administered with a degree of formality.
Benefits of Using a Notary Public
The benefits of using a notary public are simple. Notaries help protect individuals and businesses from illegal and intentional fraudulent activities. For instance, a notary may be called to testify on your behalf to authenticate evidence regarding the signing of documents, or the administration of an oath.
Evidence presented by the notary public will be difficult for a judge to keep out during a legal proceeding. A notary’s testimony will place your opponent in a difficult position if they have made fraudulent statements regarding the legal matter. Overall, a notary is the best impartial witness to have for the signing of important documents.
Attorney’s Certified Services provides notary public services throughout Bakersfield, Los Angeles, and San Jose. Our notary public services help reduce fraudulent activities regarding the administration of oaths and the certification of documents. Contact us at (888) 514-5067 to have your documents notarized. Our notary public is ready to assist you.
Sources:
Alternative Service via Facebook, Twitter or other Social Networks suggested by the Utah State Courts – by Jeff Karotkin
May 24, 2013
Holiday Announcement: Just a friendly reminder that our Bakersfield, Los Angeles and San Jose offices will be closed on Monday, May 27, 2013 in observance of Memorial Day.
There will be no pick ups or deliveries this day, so please schedule any assignments in proper time for handling.
All State and Federal courts will be closed.
To learn more about the history of Memorial Day “click here”
The entire team at Attorney’s Certified Services wishes you and yours a safe and pleasureful holiday!
Attorney’s Certified Services
Bakersfield | Los Angeles | San Jose
(888) 514-5067
Service of Process through Social Media Channels
Social media networks have connected millions of people and businesses around the world. In particular, process servers are using social media channels to identify the whereabouts of individuals to effectuate service of process.
Because of the ease social media presents in locating people, courts and state legislators are considering new laws to allow for service of process through social media channels.
Read on to learn how the traditional service of process methods are evolving with current social technological advances and the possible dangers courts may endure for improper service of process through social media channels.
Traditional Service of Process
A plaintiff in a legal proceeding is required to personally serve and deliver the summons and complaint of their cause of action to each named defendant. This specific court requirement is known as service of process.
Traditionally, service of process within the Unites States is achieved by the following means:
1. Personal Service
2. Service By Mail
3. Substituted Service
4. Service of Process by Fax and/or Email (limited in most jurisdictions).
Traditional methods of service typically work in most circumstances; however, there are times in which service cannot be achieved. For instance, service of process may not be achieved if a defendant evades service, or the whereabouts of the defendant is hard to determine.
Courts throughout the United States appear to be considering the approval of service of process through social media channels when other traditional service methods are not feasible.
Service of Process through Social Media Channels
State legislators are starting to consider whether service of process can be effectively achieved through social media channels. In particular, bills are being proposed to allow for service of process through social media channels such as Facebook, Twitter, or MySpace.
Texas State Representative Jeff Leach recently introduced a bill to the state legislator that would allow for service of process through social media channels. If enacted, Texas House Bill 1989 will take effect September 1, 2013.
Some state and federal courts have also authorized service of process through social media channels. For instance, the Utah State Court website offers a Proof of Service form that allows process servers to state how they electronically communicated with the intended recipient.
Further, the United States District Court Judge Paul Englemayer, of the Southern District of New York, recently allowed the Federal Trade Commission to serve legal documents upon five defendants in India by sending a Facebook message to each named defendant. Opinion and Order: Federal Trade Commission v. PCCare247 Inc., et. al. – Case No. 12 Civ. 7189 (PAE).
Based on current practices, it appears that more state legislators and federal courts may begin to accept service of process through social media channels.
Dangers of Service of Process through Social Media Channels
There are countless legal professionals who do not support service of process through social media channels. The number one reason most legal professionals do not support the alternative service of process method is due to the lack of authentication and validity of the defendant receiving proper service.
Below you will find two common concerns legal professionals have voiced regarding service of process through social media channels:
1. How can the identity of the defendant be authenticated?
A main issue of concern amongst legal professionals regarding service of process through social media channels is whether the defendant’s identity can be properly authenticated.
For instance, a named defendant may have similar demographics with other social channel users within the same locale. How would a process server determine that they are serving the correct person?
Some legal professionals state that corroborating evidence could be used to determine the validity of the defendant’s identity. The specifics of “what” corroborating evidence is still being determined.
2. How will process servers validate delivery of service?
Another concern that is raised is how the process server will validate delivery of service. Well, it may be hard for a process server to guarantee that the named defendant did actually receive notice of service through their social media account. Most likely, corroborating evidence will need to be used to prove this concern as well.
Looking at recent trends, it is safe to say that more states may begin to adopt legislation outlining methods in which process servers can serve legal documents through social media channels.
Attorney’s Certified Services administers process serving throughout California. Contact us at (888) 514-5067 to learn how we can help you serve your legal documents. Our experienced process servers are registered, bonded and ready to assist you. Give us a call and DISCOVER THE DIFFERENCE! Click here for a FREE QUOTE!
Sources
The Texas Tribune
Texas Legislator Introduces Bill That Would Allow Legal Papers to Be Served To People’s Social Media Accounts – By: Tim Cushing
Texas Bill Would Make Service via Facebook the Law – By Nick Nelson
PROFESSIONAL CALIFORNIA PROCESS SERVER
Before you hire a process server in California, you should research their qualifications. By researching their qualifications, you can determine if they are competent in administering service of process. Below, we have provided 3 key things to consider when you hire a process server in California.
1. Hire a Competent Process Service Company
We recommend you hire a “competent” process service company. A competent process service company should be licensed, registered, bonded and fully insured. They should also have years of experience handling service of process matters.
California requires process servers that serve more than 10 papers a year to be registered in the county they serve and to be a state resident one year immediately preceding the filing. The State also requires process servers to post a $2,000 bond or cash deposit. In addition to State requirements, certain counties require process servers to carry insurance.
Here at Attorney’s Certified Services, all of our process servers are registered with the state of California and carry the CCPS designation as a CALSPro Certified Process Server. Our process servers have undergone rigorous training courses on process serving and have learned the rules, laws, and guidelines of serving legal process in California. We have “competent” process servers ready to assist you.
2. Review Customer Testimonials
You should review customer testimonials before hiring a process serving company. Customer testimonials will give you insight regarding the quality of service provided. Some things to consider are what do you get for the service fee, are their rates comparable to other process serving companies, do they file service related documents with the court in a timely matter, and if they effectively achieve service of process.
The best advertising is word of mouth and we’re proud of our customer testimonials. Our customers are the reason Attorney’s Certified Services is one of the top 25 process serving companies in California.
3. Check Process Server Prices
Cheaper is not always better. Reputable process serving companies have a plethora of tools at their disposal, along with experienced process servers backed by technology to help get your paper served. Costs for service of process throughout California can depend on a variety of factors. For instance, the location of where the service is to be performed, how many attempts were made to serve, how fast the documents need to be served, or the amount of documents required to be served. At Attorney’s Certified Services, we provide quality results at an exceptional price.
Attorney’s Certified Services is here to handle all of your service of process needs. Contact us to have your documents served throughout California (888) 514-5067. Or “click here” for a FREE QUOTE.
Our experience team is ready to assist you.
California Courts Newsroom