Disclaimer: Laws regarding service of process may change. therefore, we cannot guarantee the accuracy of the information on this page. consult legal counsel in your state.
does a process server need to be licensed in california?
in california, process servers are registered and bound, not licensed. read more below.
California process server license requirements
If a person files more than 10 documents a year, they must be registered in the county in which they reside or have their principal place of business. Registration is statewide and applicants must be a resident of the state of California for one year immediately prior to filing. no testing or education required. Each applicant must post a $2,000 bond or cash deposit. Licensed private investigators are exempt from the registration requirement, but may not be allowed to serve bank liens and similar documents without being registered under legal language that requires a registered process server to serve those documents. [California Business and Professions Code §22350 and §22353]
For more information on how to become a process server in California, visit our Become a Process Server page.
California process service laws to consider
- A summons may be served by anyone who is at least 18 years of age and is not a party to the action.
california rules of civil procedure
Please note that lobbyists are active in California and laws related to civil procedure and service of process may change. therefore, the information below may have changed. For the latest laws on service of process, visit the California Courts and Judicial System website.
§ 413.10 service governed by law.
Unless otherwise provided by law, a summons will be served on a person:
- within this state, as provided in this chapter.
- outside this state but within the united states, as provided in this chapter or as prescribed by local law where the person served is located.
- 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 the service determines that the service is reasonably calculated to give effective service, 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 “service abroad of judicial and extrajudicial documents” in civil or commercial matters (hague convention). (modified by stats. 1984, chap. 191, sec. 1.)
§ 413.20 if a summons is served by mail under this chapter, the provisions of section 1013 that extend the time to exercise a right or perform 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 subpoena service, the court in which the action is pending may order that the subpoena be served in a manner that is reasonably calculated to give actual notice to the party to be served and that proof of such notice be given as prescribed by the court. (added by stats. 1969, ch. 1610.)
§ 413.40 service in violation of the law governing process servers. Any citation service that meets the provisions of this chapter shall not be invalidated or ineffective because it was served 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 anyone who is at least 18 years of age and who is not a party to the action. (added by stats. 1969, ch. 1610.)
comment: the 1997 legislature enacted substantial changes to section 22350, et seq. of the Business and Professions Code, which requires that all process servers serving compensation process, as well as any corporation or partnership obtaining 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 exempt from registration.
§ 415.10 a summons may be served by personal delivery of a copy of the summons and the complaint to the person to be served. service of a citation in this manner is considered complete at the time of such service. the date the personal service is made will be noted or stamped on the face of the copy of the citation at the time it is served. however, service of a citation without such a date will be valid and effective. (modified by stats. 1976, chap. 789.)
§ 415.20 leaving a copy of the summons and compliance at the office, home, usual place of residence or business, or usual mailing address…
- In lieu of personal delivery of a copy of the Summons and Complaint to the person to be served as specified in section 416.10, 416.20, 416.30, 416.40, or 416.50, the citation can be served by leaving a copy of the citation and the complaint during regular business hours in your office with the person who appears to be in charge of it, and then mailing a copy of the citation 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 complaint was left. service of a summons in this manner is deemed complete on the tenth day after such mailing.
- if a copy of the summons and complaint cannot be personally served with reasonable diligence on the person to whom 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 complaint at such person’s residence, usual place of residence, usual place of business, or address regular postal address other than a post office box of the united states postal service, 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 regular mail address other than a post office box of the postal service of the United States, under 18 years of age, who will be informed of the contents thereof, and by mailing a copy of the summons and the complaint (by postal mail). first class, postage paid) to the person who must be notified at the place where the call was made and the complaint was filed. service of a citation in this manner is considered complete on the tenth day after it is served. (modified by stats. 1989, chap. 1416, sec. 15.)
§ 415.21 access to gated communities.
(a) Notwithstanding any other law, any person shall be granted access to a gated community for a reasonable period of time for the sole purpose of performing service of process or service of a subpoena by displaying a current driver’s license or other identification, and one of the following: (1) a badge or other confirmation that the person is acting in his or her capacity as a representative of a county sheriff or constable, or as an investigator employed by a district attorney’s office Usually, a county attorney, city attorney, district attorney, or public defender. (2) evidence of current registration as a process server pursuant to chapter 16 (commencing with section 22350) of division 8 of the Business and Professions Code or of licensing as a private investigator pursuant to chapter 11.3 (a commencing with Section 7512) of Division 3 of the Business and Professions Code. (b) This section shall only apply to a gated community that is staffed at the time the proc service is attempted by a guard or other security personnel assigned to control access to the community. (Amended by stats. 2016, chap. 88, sec. 1. (sb 1431) effective January 1, 2017.)
§ 415.30 mail service. [describes mail service by sending a copy of the summons and complaint by first class mail or airmail to the defendant, along with 2 copies of the notice and acknowledgment form; the service is completed on the date the respondent executes a written acknowledgment of receipt; if the form is not returned within 20 days of mailing, the respondent will be responsible for the reasonable costs of having it served by another permitted method]
§ 415.40 Service to Out-of-State Person. A summons may be served on an out-of-state person in any manner provided in this article or by sending a copy of the summons and complaint to the person to be delivered by first class mail, postage prepaid, return receipt requested. delivery of citations by this form of mail is considered complete on the tenth day after such mailing.
§ 415.95 service in a business – manner unknown.
(a) a summons may be served on a commercial organization, in an unknown manner, by leaving a copy of the summons and complaint during normal business hours with the person who appears to be in charge of that commercial organization’s office , and after mailing a copy … by first class mail, postage prepaid, to the person to be served at the place where a copy of the citation was left. Service of a citation in this manner is considered complete on the tenth day after mailing. (b) Service of a summons pursuant to this section is not valid for a corporation with a registered agent for service of process registered with the secretary of state.
§ 416.10 corporations. A summons may be served on a corporation by delivery of a copy of the summons and the 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 deputy secretary, a treasurer or deputy treasurer, a general manager, or a person authorized by the corporation to receive…
§ 417.10 proof of service-service within the state. Proof that a citation was served on a person within the state shall be made: (a) if served pursuant to §§ 415.10, 415.20, or 415.30, by the affidavit of the person serving such service showing the time, place and manner of notification and facts showing that the notification was made in accordance with this chapter. [he] shall recite … the name of the person to whom a copy was delivered, and, if applicable, the title or capacity of him in which notice is served on him, and the notice required by § 412.30 appeared on the copy . .served, if indeed it appeared. (f) any proof of personal service shall be made on a form adopted by the judicial council.
§ 2015.5 certification or declaration under penalty of perjury. provided that under any law of this state … any matter is required or permitted to be supported, evidenced, established, or proven by the written affidavit, declaration, verification, certificate, oath, or affidavit of the person making the same (other than a statement, or an oath of office, an oath required to be taken before a specified official other than a notary public), such matter may have force and effect… proven by the unsworn statement, statement, verification, or certificate, in writing, of said person… the certificate or statement may have 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… in or out of 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)”
You should contact a California process server if you have specific questions about California process service.