1. business and industrial

HOW-TO-BECOME A
CALIFORNIA PROCESS
SERVER AND START YOUR
OWN BUSINESS
FIRST EDITION
www.qslifetimestories.com
STEP 1: A BUSINESS IDEA
a.
Introduction
There are many home based and small businesses that you can start which
do not require a large sum of money. One of these business ideas is starting your own
process service business. It’s an exciting career opportunity and you will never have a
dull moment working as a process server or owning your own business. I am going to get
straight to the point and tell you the basics so you can start your process service business.
I am not going to tell you a bunch of lies or make you believe that you are going to get
rich as a process server. This is not a get rich quick scheme. However, you can make an
honest living and have a medium income as a process server.
Before I start telling you what you need to do to get your business up and
running I thought I would tell you exactly what a process server is and what they do. A
Process Server is a person who serves legal documents. Process servers usually provide
support services to law firms and individuals who need legal documents served or
delivered.
STEP 2: REGISTRATION
a.
Guidelines For California Process Server
These general guidelines are intended to register you as a process server in
the State of California. The basis for this information dervives from California Business
and Professions Code §§ 22350 – 22360. You should consult with the County
Clerk/Recorder’s Office in your county for fees and further information. The term of a
process server’s registration is two (2) years.
b.
Complete Registration Form
Obtain from the County Clerk/Recorder’s Office a process server’s
registration form. Complete the form, but do not sign the form until you are in the
presence of the Clerk. To find your local County Clerk/Recorder’s Office go to the
California Association of Counties http://www.csac.counties.org/default.asp?id=7. This
directory will assist you in locating the appropriate location where you can obtain a
registration form.
STEP 3: FINGERPRINTS
a.
Guidelines For California Process Server
Fingerprints are required in order to become a registered process server.
The purpose of the fingerprinting process is verification that an applicant has not been
convicted of a felony. In the case that a registrant is convicted of a felony, the presiding
superior court judge in the county of registration will review the criminal file. If there is
not certificate of rehabilitation, expungement or pardon, the registration is revoked.
There are two forms of fingerprints. Check with the Clerk/Recorder in
your County to verify which method is acceptable. In some counties, either is acceptable.
FD-285 Fingerprint Cards: Two fingerprint cards are required, as one will
be submitted to the Department of Justice (DOJ) and the other will be submitted to the
FBI. Typically, you will be fingerprinted at your local police or sheriff’s department. You
may need an appointment, so call ahead. Be prepared to show valid photo ID. The fee for
fingerprinting is nominal. However, please be advised that at the time you register and
deliver your cards to the Clerk/Recorder’s Office, you will need to pay background
service fees for the DOJ and FBI of $56.00. This differs from the Livescan process
(below) where those fees are paid at the time of the fingerprinting.
Livescan: This second method of fingerprinting has become the more
popular of the two methods. In some counties, Livescan may be the only acceptable
method. Check with your Clerk/Recorder’s Office for details. You will need to complete
a Request For Livescan form. As with the FD-285 cards, Livescans are typically
completed by local law enforcement agencies. You will need an appointment, so call
ahead. Be prepared to show valid photo ID.
To schedule an appointment with Sylvan/ Identix Fingerprint Centers
(“SIFC”) who manages the live scan sites listed below. If you decide to schedule your
appointment with the live scan sites, call 1.800.315.4507 to schedule the appointment or
you may schedule an appointment online at http://www.identix.com/IIS/ca.html.
If you need to cancel your appointment, please provide 24-hour advance
notice or you will be charged a $5.00 cancellation fee when you reschedule.
NORTHERN
Chico
CENTRAL COAST
Santa Barbara
LOS ANGELES
Monterey Park
SOUTHERN
San Marcos
Sacramento (2 sites)
San Jose
Woodland Hills
San Diego (3 sites)
Rohnert Park- Santa Rosa
San Bruno
Culver City (2 sites)
Riverside
Fresno
Oakland
Van Nuys
Orange (2 sites)
Stockton
San Francisco (2 sites)
Bakersfield
San Bernardino
Napa
Long Beach
Fairfield
Once the fingerprints are taken, the print and background information
provided in the Request form are electronically transmitted to the DOJ and FBI for the
background check. You can go to the DOJ’s website to obtain more information
regarding the fingerprinting process at http://ag.ca.gov/fingerprints/finger_cert.htm.
To find an authorized site nearest you, hours of operation and fees for
fingerprinting services see List of Applicant Live Scan Sites at
http://ag.ca.gov/fingerprints/publications/contact.htm. If you are unsure if a site qualifies
as an authorized site you can contact the Fingerprint Rolling Certification Program at
916.227.6420 or email them at [email protected]
You will not carry fingerprint cards to the Clerk/Recorder as with FD-285
cards. Alternatively, you will bring with you a copy of the completed Request For
Livescan form that has been signed off by the law enforcement personnel who
administered the Livescan. Please also note that the fee for a Livescan includes the law
enforcement agency’s fingerprint fee, as well as $56.00 to the DOJ and FBI. The total is
approximately $75.00. However, you should double check these fees as they are subject
to change.
STEP 3: PHOTOGRAPHS
a.
You’ll Need To Take Photographs
In order to complete the process of becoming a process server, you will
need to obtain two passport photos (1” x 1”). You should be able to purchase these
pictures at a reasonable price.
STEP 4: BOND
a.
Purchasing A Bond
In order to become a process server you must purchase a bond. The must
be purchased from a bonding company in the amount of $2,000 with coverage for two (2)
year registration period. Name on bond must match name indicated on application form.
You may post $2,000 in cash in lieu of bond. You can find a bonding company on the
Internet to purchase the bond.
STEP 5: FEES
a.
Fees To Become A Process Server
The base fee to register as a process server is $134.00. Some counties may
charge more. You will also be charged a recording fee for the Bond of approximately
$3.00. If you opted for FD-285 Fingerprint cards, be prepared to pay the DOJ and FBI
fees of $56.00 at this time.
Once you have completed steps 1 through 4, you are ready to appear
before the county clerk to deliver the registration form; the FD-285 Fingerprint cards or
Live scan form signed off by law enforcement. You will need to bring your Bond, the
two passport photos, and appropriate fees. Be prepared to show valid photo ID. As
mentioned above, each county in California may have specific rules, forms and fees. The
foregoing is intended as a general summary for your assistance only.
STEP 6: QUESTIONS AND ANSWERS
a.
Fees To Become A Process Server
Below are some common questions and answers that a new process server
may want to ask.
Q.
What is the length of time for processing?
A.
Approximately 30 minutes since this service is handled on a firstcome-first-serve basis during processing hours of Monday thru
Friday. The time varies from county to county.
Q.
If I am working for a corporation/general partnership, can I
serve process on behalf of the corporation/general
partnership?
A.
No. A corporation or general partnership cannot authorize an
employee to be issued an ID card under their registration, which is
required to serve process. The individual would need to register as
an individual process server.
Q.
If I am an Individual registered Process Server, can I have my
employees serve process for me?
A.
No. An individual cannot have any employees working under
him/her so there would not be any “employee” cards to issue.
Q.
If I am a corporate officer of the corporation/general partner
of the general partnership, can I serve process on behalf of the
corporation/general partnership?
A.
Yes, as long as you are not serving process more than 10 times in a
year. Any of the partners or corporate officers expecting to serve
process more than 10 times in a year, must also register as
individual process servers.
Q.
If my temporary ID is about to expire and I haven’t received
the permanent ID yet, what should I do?
A.
The permanent card is mailed to the individual/corporate
officers/general partners as soon as clearance is received by
California Department of Justice and FBI or after 120 days even if
clearance has not been received by both agencies. If you do not
receive it within 3 days after expiration of your temporary ID, call
our office at 415.554.4950 to inquire when the permanent card was
sent.
Q.
Can I put a P.O. Box as my address instead of my residential
address?
A.
Yes. Post Office aka P.O. Boxes are acceptable.
Q.
My process server registration is about to expire in 30 days.
Would that be 30 business days or calendar days?
A.
Expiration on a process server is by calendar days. A process
server is not considered expired if they come to renew their
registration no later than ONE CALENDAR DAY AFTER the end
of the previous registration. For example, if the registration expires
on January 31, 2005 (Sunday) and the person comes to renew on
February 1, 2005 (Monday), the process server may continue using
the same registration number. However, if the registration expires
on January 30, 2005 (Saturday) and comes February 1, 2005
(Monday) to renew, there would be a lapse of time even though the
expiration date was on a Saturday and there is a Sunday in
between. Renewal should have been filed on January 29, 2005
(Friday) to prevent expiration. Therefore, the process server would
have to file a NEW process server registration and be issued a new
process server number. Usually the bonding company will allow
you to purchase your bond, prior to the expiration of your
registration, where the dates on the bond are set to begin right
when the old bond expires. You may then come to our office, up to
60 days prior to your expiration, with your new bond to renew
your registration. The registration would be set to start when the
previous one expires (assuming your bond is dated in such manner)
so that there is no loss in time for you.
Q.
What is required for the renewal?
A.
Completion of application.
Bond from bonding company in the amount of $2,000 with
coverage for two-year registration period. Name on bond must
match name indicated on application form and your legal picture
ID. You may post $2,000 in cash in lieu of bond.
NEW passport photos. You will be issued a new permanent
process server ID reflecting new dates of registration.
Fee of $121.00 payable by cash, preprinted check, money order
payable to SF County Clerk, or debit card
STEP 7: A BUSINESS NAME
a.
Fictitious Business Name Search
Sit down and brainstorm with your business partner, friends or family
members to help you decide what you want to name your business. If you are going to be
the sole owner then you can skip the meeting. If you want to do business under your
name e.g., Kathy Jones’ Speedy Process Service, then you do not have to do a fictitious
business name search. However, if you want to do business other than using your own
name, you must search the fictitious business name database at your local county
recorders office to make sure no one else is using the business name that you want to use.
You can do a fictitious business search online in some counties.
It is your responsibility to check sources other than local county clerk's
fictitious business name index to ensure that you are not infringing on other business
trademark or common law rights. Other suggested sites are the Secretary of
State's Business Division, the U.S. Patents and Trademark Office, or the S.F. Public
Library.
b.
Fictitious Business Name Application
Complete the Fictitious Business Name application. You can obtain this
form from your local county clerk/county recorders office. There is a minimal fee for this
application and it varies from county to county. A CERTIFIED COPY of the "filed"
statement will be issued to you. The Certified Copy will enable you to open a checking
account under your business name if you wish to do so. Be sure to make 2 copies
beforehand, one for your records and the other for the newspaper.
The fictitious business name statement is only valid for 5 years from the
date the statement was filed with our office. If your statement is more than 5 years old,
then there is no need to file a Statement of Abandonment.
c.
Publish Fictitious Business Name
You must publish your fictitious business name statement with your local
newspaper or legal newspaper or magazine within 30 days from the date of filing, once a
week for 4 consecutive weeks. You will receive from the newspaper or legal newspaper
or magazine a copy of the publication for your record.
d.
Fictitious Business Name Abandonment
If you decide that you no longer want to use the fictitious business name,
you should complete the Statement of Abandonment Form. Be sure to complete the
information on the form as stated on the statement which you are abandoning. If you do
not have the information on the previous statement, you may verify the information by
obtaining this it from the local county you originally filed your fictitious business name
statement.
STEP 8: BUSINESS LICENSE
a.
Obtaining A Business License
You can obtain a business license at your local city’s office or in some
counties from the tax assessor’s office. It varies from county to county. All you need to
do to obtain a business license is fill out an application and pay a fee. You should also
bring a copy of your fictitious business name statement to show that you have a business.
You simply pay the required fee which varies city to city and you will receive a business
license in the mail within a few weeks.
b.
Opening Bank Account
Now that you have filed your fictitious business name statement, the
county clerk/county recorders office will provide you with a duplicate copy of the
statement. At this point, you can take the fictitious business name statement and open a
bank account under your business name.
STEP 9: LAWS GOVERNING PROCESS SERVICE
a.
Where to Start
California Rules of Civil Procedure govern process serving. You do not
have to subscribe to a legal forms database. You can obtain all the forms you need for
California State Courts at Judicial Council Forms: http://www.courts.ca.gov/forms.htm.
You can also obtain Federal Court Form at http://www.uscourts.gov/FormsAndFees.aspx
California Rules of Civil Procedure
Please note that lobbyists are active in California and laws concerning civil procedure
and process serving can change. Therefore the information listed below may have been
amended. For updated process serving legislation, please visit the California Judiciary
and Courts http://www.courts.ca.gov/) web site.
§ 413.10 Law governing service.
Except as otherwise provided by statute, a summons shall be served on a person:
1. Within this state, as provided in this chapter.
2. Outside this state but within the United States, as provided in this chapter or as
prescribed by the law of the place where the person is served.
3. Outside the United States, as provided in this chapter or as directed by the court in
which the action is pending, or, if the court before or after service finds that the
service is reasonably calculated to give actual notice, as prescribed by the law of
the place where the person is served or as directed by the foreign authority in
response to a letter rogatory. These rules are subject to the provisions of the
Convention on the “Service Abroad of Judicial and Extrajudicial Documents” in
Civil or Commercial Matters (Hague Service Convention). (Amended by Stats.
1984, Ch. 191, Sec. 1.)
§ 413.20 If a summons is served by mail pursuant to this chapter, the provisions of
Section 1013 that extend the time for exercising a right or doing an act shall not extend
any time specified in this title. (Added by Stats. 1969, Ch. 1610.)
§ 413.30 Where no provision is made in this chapter or other law for the service of
summons, the court in which the action is pending may direct that summons be served in
a manner which is reasonably calculated to give actual notice to the party to be served
and that proof of such service be made as prescribed by the court. (Added by Stats. 1969,
Ch. 1610.)
§ 413.40 Service in violation of law goerning process servers. Any service of summons
which complies with the provisions of this chapter shall not be rendered invalid or
ineffective because it was made by a person in violation of Chapter 16 (commencing with
Section 22350 Bus. & Prof.) of Division 8 of the Business and Professions Code. (Added
by Stats. 1971, Ch. 1661.)
§ 414.10 Authorized persons. A summons may be served by any person who is at least
18 years of age and not a party to the action. (Added by Stats. 1969, Ch. 1610.)
Comment: The 1997 legislature enacted substantial changes in Section 22350, et seq. of
the Business and Professions Code, requiring that all process servers who serve process
for compensation-and also any corporationor partnership that derives compensation for
service of process within California-be registered with the county clerk in the county
where he or she resides or has a principal place of business. Licensed private
investigators and their employees are among those exempted from registration.
§ 415.10 A summons may be served by personal delivery of a copy of the summons and
of the complaint to the person to be served. Service of a summons in this manner is
deemed complete at the time of such delivery. The date upon which personal delivery is
made shall be entered on or affixed to the face of the copy of the summons at the time of
its delivery. However, service of a summons without such date shall be valid and
effective. (Amended by Stats. 1976, Ch. 789.)
§ 415.20 Leaving a copy of summons and compliant at office, dwelling house, usual
place of abode or business or usual mailing address...
1. In lieu of personal delivery of a copy of the summons and of the complaint to the
person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or
416.50, a summons may be served by leaving a copy of the summons and of the
complaint during usual office hours in his or her office with the person who is
apparently in charge thereof, and by thereafter mailing a copy of the summons
and of the complaint (by first-class mail, postage prepaid) to the person to be
served at the place where a copy of the summons and of the complaint were left.
Service of a summons in this manner is deemed complete on the 10th day after
such mailing.
2. If a copy of the summons and of the complaint cannot with reasonable diligence
be personally delivered to the person to be served as specified in Section 416.60,
416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the
summons and of the complaint at such person’s dwelling house, usual place of
abode, usual place of business, or usual mailing address other than a United States
Postal Service post office box, in the presence of a competent member of the
household or a person apparently in charge of his or her office, place of business,
or usual mailing address other than a United States Postal Service post office box,
at least 18 years of age, who shall be informed of the contents thereof, and by
thereafter mailing a copy of the summons and of the complaint (by first-class
mail, postage prepaid) to the person to be served at the place where a copy of the
summons and of the complaint were left. Service of a summons in this manner is
deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch.
1416, Sec. 15.)
§ 415.21 Access to gated communities.
(a) Notwithstanding any other provision of law, any person shall be granted access to a
gated community ... for the purpose of performing lawful service of process, upon
identifying to the guard the person or persons to be served, and upon displaying a current
driver's license or other identification, and one of the follow: (1) a badge [applies to
sheriffs and marshals] (2) evidence of current registration as a process server...
(b)This section shall only apply to a gated community which is staffed, at the time service
of process is attempted, by a guard or other ... personnel assigned to control access...
§ 415.30 Service by mail. [describes mail service by sending a copy of summons and
complaint by first-class mail or airmail to the defendant, together with 2 copies of notice
and acknowledgment form; service is complete on date defendant executes a written
acknowledgment; if form not returned within 20 days from mailing, defendant will be
liable for reasonable costs in being served by another permitted method]
§ 415.40 Service on person outside of state. A summons may be served on a person
outside this state in any manner provided in this article or by sending a copy of the
summons and complaint to the person to be served by first class mail, postage prepaid,
requireing a return receipt. Service of summons by this form of mail is deemed complete
on the 10th day after such mailing.
§ 415.95 Service on a business - form unknown.
(a) A summons may be served on a business organization, form unknown, by leaving a
copy of the summons and complaint during usual office hours with the person who is
apparently in charge of the office of that business organization, and by thereafter mailing
a copy ... by first-class mail, postage prepaid, to the person to be served at the place
where a copy of the summons was left. Service of a summons in this maner is deemed
complete on the 10th day after the mailing.
(b) Service of a summons pursuant to this section is not valid for a corporation with a
registerd agent for sevice of process listed with the Secretary of State.
§ 416.10 Corporations. A summons may be served on a corporation by delivering a
copy of the summons and complaint:
(a) to the person designated as agent for service of process as provided by any provision
in...
(b) to the president or other head of the corporation, a vice president, a secretary or
assistant secretary, a treasurer or assistant treasurer, a general managre, or a person
authorized by the corporation to receive...
§ 417.10 Proof of Service-Service within state. Proof that a summons was erved on a
person within state shall be made:
(a) If served under §§ 415.10, 415.20 or 415.30, by the affidavit of the peson making
such service showing the time, place, and manner of service and facts showing that
service was made in accordance with this chapter. [It] shall recite ... the name of the
person to whom a copy ... was delivered, and, if appropriate, his title or capacity in which
he is served, and the notice required by § 412.30 appeared on the copy .. served, if in fact
it did appear.
(f) All proof of personal service shall be made on a form adopted by the Judicial Council.
§ 2015.5 Certification or declaration under penalty of perjury.
Whenever, under any law of this state ... any matter is required or permitted to be
supported, evidenced, established, or proved by the sworn statement, declaration,
verification, certificate, oath, or affidavit, in writing of the person making same (other
than deposition, or an oath of office, an oath required to be taken before a specified
official other than notary public), such a matter may like force and effect be ... proved by
the unsworn statement, declaration, verification, or certificate, in writing of such person
... The certificate or declaration may be in substantially the following form:
(a) If executed within this state:
"I certify (or declare) under penalty of perjury that the foregoing is true and correct: (Date
and Place) (Signature)"
(b) If executed ... within or without this state:
"I certify (or declare) under penalty of perjury under the laws of the State of California
that the foregoing is true and correct: (Date and place) (Signature)"
STEP 10: COMPANIES AND ASSOCIATIONS
a.
Where to Start
Okay. You have followed all the steps to start to become a process server.
You have also followed all the steps to obtain your fictitious business name, business
license and you have your office set up and ready to start. You are wondering what you
can do to obtain some business or clients. Below is a list of contacts to help you begin.
1.
National Association of Process Servers, 1.800.477.8211
http://www.napps.org/default.asp.
2.
ServeNow, 1.877.SERVE.NOW, http://www.serve-
now.com/marketplace/.
3.
Legal Express Attorney Service, 1.800.499.6204,
http://www.nationwideprocessserver.com/index.html
4.
LawTrack.com, 619.531.8890,
http://www.lawtrack.com/Processserving/index.htm
5.
United States Process Server Assocation,
http://www.usprocessservers.com/