Rancho Attorney Service of California (RASCAL)

Interesting and educational video about process serving. https://chicago.cbslocal.com//meet-process-server-eddie-/

Effective September 1, 2019 the response time on a 3-day Notice to Pay or Quit, or on an Unlawful Detainer with a 5 day response time, no longer includes weekends or court holidays. A 3-day notice served on a Thursday cannot roll over into an Unlawful Detainer until the following Wednesday. Please use the revised SUM-130 form on the Unlawful Detainer.

There is no magic way of getting banking information. Some investigators have to learn the hard way. https://www.justice.gov//long-time-private-investigator-se? fbclid=IwAR30HHfY_p5XzznT9jhj1MU3Vdv10VNubIT8M3WFrGCWsOJJJgyQBRs1tto

I sure miss my mail room clerk. There wasn't an envelope, package or box she couldn't open. https://youtu.be/wRN38E25Dok

Service of process means providing actual notice of a pending action so that the subject can adequately respond to allegations. Not all "process servers" are professional and many don't even know the statutes or procedures required to constitute legal process. It's not just a delivery, but it absolutely must comply with the prevailing codes and regulations of the court of venue. If you're shopping for a server by price only, you may find that the cheapest server will be ou...t of business and have disappeared when you need them to back up a serve. Talk to your server as if you were interviewing them for a job. Verify their licenses and their membership in professional associations, and ask their experience. Google their names to see if they've ever been arrested or convicted of a felony that may have been expunged at a later date. Do they carry maximum limits of insurance? Have they been licensed or registered for several years and do they have a history of excellent reviews on Google or Yelp? Is saving $10 or $20 on your initial service worth the possibility of your entire case being dismissed a few years down the line?

A man called last week wondering if we were hiring "process servers". I asked if he were registered and he said "I just got my registration yesterday!". What ex...perience does he have? "None yet!" Have you served many papers? "None yet!" What does he know about process serving? "You just deliver a paper to someone!". How can you hold yourself out as a professional when you have no idea what you are doing? "You'll tell me how to do it when you give me the papers!". And what codes authorize you to serve process? "Uh...I dunno, what do you mean?" (he said) And that, kids, is one of the differences between a professional process server and a pizza delivery man. I'm not willing to jeopardize any of my client's cases nor put my business, bond and credibility on the line (I told him) but suggested he might find someone else willing to put him on as an employee and who would teach him. Chances are, he'll not renew his registration when it comes due again OR he'll decide he's worth "oh so much more", and attempt to build his business by poaching others' clients. If you're shopping price, you'll find someone who will serve a paper cheaper than another server, BUT....will they stand behind their work if it's contested a few years later? Will you be able to even find the server? If you're shopping quality then stop now. RASCAL has been serving for 41 years and has never had a serve quashed (overturned). The foundation for your case is a solid service of process. You might save $10 or $20 dollars on the initial service while risking the outcome of the entire case.

I was recently asked by a new process server how much should he charge to attorneys to serve their papers. This is my answer: Charge what you are worth. How do you determine that? Are you knowledgeable as to the laws of process in your state? Other states? Foreign countries? You may be asked to handle service from other jurisdictions and must do so in accordance with the laws of the court of venue.... Do you carry top limits of insurance? Liability? E&O? Auto, unowned and owned? Do you have a business license? What makes you a better choice than your competition? Starting out, you would probably want to work for other agencies and learn the business. If you are putting yourself out there as a pro, you'll want to make sure you ARE a pro. You're not delivering pizza. You are part of the foundation of a lawsuit and are potentially liable to your clients if you blow a statute. You are providing "due process" pursuant to the 5th and 14th Amendments to the US Constitution. Know what your responsibilities are. Know and understand the Business & Professions code relative to service of process (B&P 22350 et seq). Know what you can and cannot do legally.

What is a "process server"? https://www.youtube.com/watch?v=rCwmKWGPVF0&feature=share

https://www.yelp.com//rancho-attorney-service-of-californi

Good information. Worth listening to. https://youtu.be/RDxoyaUXEaE

(A mid-West server was complaining that he assigned a job to another server who didn't want to serve a Federal subpoena without the mandatory witness & mileage ...fees. The following is my response:) We consider ourselves part of a team. "A chain is only as strong as it's weakest link!". When I get a paper I review it and if I see something that doesn't look right I notify my client and let them make the call. I don't see it as taking the lawyer's role but rather being a team player and watching out for each other. The process server you are referring to does his business the way most of the ones I work with do. We get papers that are out of statutory time for service, or that don't include mandatory witness fees. In California there is a mandatory Alternative Dispute Resolution statement that is to be served with the S&C in most civil cases. We get papers with names spelled incorrectly or the case is filed in the wrong venue. If we catch these discrepancies, the attorney (or the pro per) has an opportunity to correct the errors before they get too far along in the case. I always appreciate the servers who have my back and they appreciate the same from us. If someone holds themselves out as a professional, then they owe it to their clients to provide the services as such. Service of process is the foundation of all that is to follow in that case.