California State Law

Does a process server have to be licensed in California? No. In California, process servers are registered and bonded, not licensed.

California Process Server Registration Requirements

Under California Business and Professions Code §22350 and §22353, registration is required for any individual who serves more than 10 papers a year.

• Where to Register: In the county where the server resides or has their principal place of business. Registration is valid statewide.

• Residency: Applicants must have been a resident of California for one year immediately preceding the filing.

• Bonding: Every applicant must post a $2,000 bond or cash deposit.

• Education: There are no specific testing or education requirements.

• Exemptions: Licensed Private Investigators are exempt from registration, though they may still need to register to serve specific documents like bank levies.

California Rules of Civil Procedure

The laws concerning civil procedure and process serving are subject to change.

Authorized Persons (§ 414.10)

A summons may be served by any person who is:

• At least 18 years of age.

• Not a party to the action.

Methods of Service

• Personal Delivery (§ 415.10): Service is deemed complete at the time of delivery. The date of delivery should be noted on the face of the summons.

• Substituted Service (§ 415.20): If personal delivery cannot be made with reasonable diligence, a summons may be left at a person’s dwelling, usual place of abode, or business in the presence of a competent member of the household or person in charge (at least 18 years old). A copy must thereafter be mailed via first-class mail. Service is complete 10 days after mailing.

• Service by Mail (§ 415.30): Involves mailing the summons/complaint along with two copies of a Notice and Acknowledgment form. Service is complete on the date the defendant signs the acknowledgment.

• Gated Communities (§ 415.21): Registered process servers and licensed investigators must be granted access to staffed gated communities for a reasonable period to perform service of process upon showing proper identification.

Service on Entities

• Corporations (§ 416.10): Service is made by delivering the documents to the designated agent for service of process, the president, vice president, secretary, treasurer, or a general manager.

• Unknown Business Forms (§ 415.95): Service can be made by leaving documents with the person apparently in charge of the office during usual office hours and subsequently mailing a copy.

Proof of Service (§ 417.10)

• Proof of service within the state must be made by affidavit (or declaration) stating the time, place, and manner of service.

• All proof of personal service must be made on a form adopted by the Judicial Council.

• Perjury Declaration (§ 2015.5): Unsworn statements are valid if they include the statement: “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”