How Process Serving Works in California: Papers, Attempts and Fees

Most people never think about process serving until they need it. A small claims case is filed, a landlord needs to notify a tenant, a family court matter is underway, and a stack of papers has to be put in the right person's hands in the right way. That job belongs to a process server. This post explains how the work runs in general and how Made Man Protection handles it. It isn't legal advice, and the rules for your particular case are a question for the court clerk or an attorney.

What a process server does

A process server is a neutral third party who delivers legal documents to the person they're directed at. You can't usually do it yourself, because the point of using someone else is that there is an independent witness to the handoff. The server locates the person, delivers the papers, and then records what happened: who, where, when and how. That record is what the court relies on to know the other side was properly notified.

Made Man Protection's process server work is described on its site as License Registered Bonded In California. The company's line is “We provide fast relief for your legal process needs to service In Northern, California.” Carl Vinson has been in the security business since February 2001, and the same habits that make a good bodyguard, patience, respect and showing up when you said you would, apply here.

The kinds of papers Made Man Protection serves

The list on the process server page is long. It covers small claims, court filing, summons and complaints, family court matters such as dissolution, divorce and custody support, restraining and emergency orders, writs and wage garnishments, record subpoenas, personal subpoenas, bank levies and unlawful detainers. Each of those has its own rules about timing and delivery, and that is the reason to talk to the court or a lawyer first: they tell you what has to be served, on whom and by when. The server takes it from there.

Service areas listed on the site include Fairfield, Vacaville, Vallejo, Benicia, Suisun City, American Canyon, Concord, Antioch, Oakland, Berkeley, Hayward, Fremont, Richmond and San Francisco, among others. If your person is further out, the company quotes out-of-town work per job.

How a basic service runs

Basic service includes three attempts. You supply the information about the person being served: the name, the addresses where they might be found and the times they're likely to be there. The more detail you can give, the better the odds on the first try. Carl tries at the locations and times you direct, and he phones you after each attempt so you always know where things stand rather than waiting in silence.

When the papers are delivered, the proof of service is mailed to you and to the court. If the person can't be found after the three attempts, you'll know that from the calls, and you can decide on a next step with the court's rules in mind. Personal delivery is available, and if the situation calls for staking out an address, that is a separate, authorized service rather than something that quietly runs up a bill.

Turnaround time

On the company's published schedule, regular service takes three to four days. Same-day and rush service takes one to two days. Priority service means the first attempt happens within 48 hours, with further attempts at least every two days. If you have a hearing date coming up, tell Carl on the first call. Timing is the one thing about process serving that can't be fixed after the fact.

The published fees

Made Man Protection posts its process server fees openly, and they're worth reading closely, because they're one of the few places in this business where a customer can see the price before calling.

• Local basic routine service: starting @ $70.00
• Priority service, with the first attempt within 48 hours: $90
• Rush service: $125.00 per service, per document
• Additional documents at the same time and place: $30.00
• Writs, levies and wage garnishment: $350.00
• Stakeout, if required and authorized: $65.00 per hour, maximum four hours
• Out-of-town service: quoted per job

A few practical notes before you hire

Process server fees are cash only, paid at the time of hire. The page also says prices are subject to change, so confirm the figure when you call. Have your documents and the person's details ready, and know the date you need service completed by. A server can only work with what you give them, and a wrong address costs attempts and time.

To talk through your papers, call Made Man Protection at 510.677.8011. Carl offers a free 15-minute consultation, and you can ask about timing, locations and which fee applies to your situation before you hire anyone.