When a complainant wants to take someone to court, they start by issuing an official court notice. Legal vocabulary recognizes the action to be “serving papers.”
This approach is applicable in cases such as divorce or any other court injunctions. The defendant in such situations needs to have the necessary legal documents and clauses before showing up to court.
While it’s necessary to serve the defendant the papers, you won’t have to do it yourself physically. That’s a job for process servers. They’re court-recognized people who can serve papers and ensure that the necessary legal files reach the right parties.
However, process servers have stipulated powers and limits, varying across jurisdictions. If you’re looking to hire the services of a process server in Oakland, CA, or intend to be one yourself, here’s a comprehensive list of the dos and don’ts you must know.
Who is a Process Server?
Before we highlight what they can do, it’s essential to know who process servers are, especially in an area like Oakland, CA.
A process server delivers court orders and processes to the defending party in a lawsuit. They must be over 18 years and without connection with the ongoing case. The server could be trained personnel or a county sheriff’s officer. In some cases, a friend to either party can also serve processes.
If you’re in Oakland, CA, you must understand that process servers handling over ten court papers a year have to get registered. However, the exceptions are law enforcement officers or attorneys involved in the case. Anyone appointed by the court for service of process doesn’t need to register.
Furthermore, a process server must fully understand the laws and stipulations surrounding the process service. While they don’t need to undergo any special training for the task, servers often have to pay a bond in the form of cash deposits.
A Process Server May Not Trespass During Service
One of the fundamental rules for any process server in Oakland is to serve the papers to someone within all privacy and property laws. That means servers can’t trespass or break in an attempt to reach a person with court documents.
Typically, the process server has to obtain permission from the defendant when entering their property or home. If that person doesn’t cooperate, the server has to try at another time till they get through.
As an extension to this rule, you may also not leave the court papers at the defendant’s door or with a minor occupant in the house. Process service is only complete when the defendant acknowledges receipt themselves or through a legal-age representative.
A Process Server May Not Threaten or Harass the Defendant While at Service
While the primary goal for process servers is to deliver the court documents to the concerned parties, it’s not a “by any means necessary” affair. If you’re a server yourself, you may not threaten or coerce anyone as you go about serving court papers in Oakland or anywhere else in California.
That also applies to gaining access to them in the first instance. The defendant has to receive your service without threats or harassment.
A Process Server May not Pretend to be a Law Enforcement Agent
We understand that certain defendants may prove uncooperative when serving court documents, pushing the servers to get innovative with their approach. However, the California laws don’t permit any disguise or pretense that falsely portrays you as a law enforcement officer.
The recommendation is to stick with the process server designation. Most of the time, introducing yourself as a server should suffice, and the defendant could act accordingly.
A Process Server May Serve Process to the Defendant at Work
Generally, process service happens on personal grounds, with the server reaching out to the concerned persons at home. However, such people may not be home when you come around with the court papers. Legally, you can visit them at work to deliver the documents.
A Process Server May Wait for the Defendant
Let’s say you’ve tried to serve someone some court papers, but they’ve been unavailable either at home or work. What to do next? As a process server in Oakland, you can wait for the person to come around later.
Another name for such actions is “stakeout,” meaning you could wait around the person’s home or work long enough to meet and deliver the court papers in person. Typically, you may only have to wait for a few minutes to an hour during a stakeout. However, Some uncooperative defendants may try to hide from process servers, drawing out the wait times into several hours.
Other Points to Note
If you’re looking to hire an Oakland process server or become one yourself, it’s crucial to note that it’s a fully recognized profession that goes beyond court message deliveries. Process servers are an integral part of court cases, and they ensure that the correct protocols get duly observed by all parties.
Furthermore, being a server comes with its perks. You’d get to visit new cities and explore without any restrictions. Also, you won’t have to deal with rigid work hours while serving processes.
On the flip side, you can face several uncertainties, especially when the defendant gets to know that you’ll be around. Stakeouts could take lots of time, and you might have to endure harsh reactions from the defendant.
If the process server couldn’t reach the defendant within the stipulated time, they can file a motion at the attorney to serve the papers using other mediums. With the court’s discretion, the defendant could get a public notice, which absolves the process server of the responsibilities afterward.
Wrapping Up
Hiring a process server in Oakland is mandatory if you wish to pursue a case in court. Their services are more prominent for high-profile family law and divorce cases that require tact and diplomacy with the concerned parties.
The list above has some of the most fundamental laws guiding process service. It will also apply if you’re looking to become a server in Oakland.
