NOT JUST A TEMECULA PROCESS SERVING COMPANY !
At TASC, we have over 25 “in-house” Registered and Bonded California Process Servers located throughout Southern California. With our internet ordering system, we can literally get service documents into servers’ hands within minutes anywhere in Southern California, or anywhere in the United States for that matter. We also are networked with the National Association of Professional Process Servers (NAPPS) so we can get papers served anywhere in the United States, as well as most countries that will allow service. We aim to be your ONE STOP SHOP FOR ALL OF YOUR PROCESS SERVING NEEDS!
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WHY USE TASC?
TRUE OR FALSE?
ANYONE OVER THE AGE OF 18 CAN SERVE ANY LEGAL DOCUMENTS.
Although anyone over the age of 18, who is not a party to the action, can serve most legal documents. You must be a Registered & Bonded California Process Server to serve the following documents:
ORDER TO APPEAR FOR EXAMINATION (CCP 680.330, 708.170)
PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. (CCP 415.46)
WRIT OF ATTACHMENT (CCP 481.205, 488.080)
WRIT OF EXECUTION (CCP 680.330, 699.080)
EARNINGS WITHHOLDING ORDER (CCP 680.330, 706.108)
WHY IS IT IMPORTANT TO USE A REGISTERED PROCESS SERVER FOR ALL SERVICE OF PROCESS?
The most important reason to use an RPS is for entry of default. A proof of service signed by an RPS has “rebuttable presumption status” (Evidence Code 647). You’ve done all the hard work but did not get a response from the opposing party. Do you really want to take a chance that the service will be quashed by the default clerk because you decided to use an inexperienced non Registered Process Server?
What about when a Judgment Debtor doesn’t show up for an OEX or an ORAP. If it wasn’t served by an RPS (CCP 680.330, 708.170), the judge may not issue a warrant for contempt of court. I’m not sure I’d want to be the one to have to explain that one to your client.
And…only an RPS fees for service of process, stake out, and locating the person to be served are recoverable costs (CCP 1033.5)
SHOULD YOU USE JUST ANY REGISTERED PROCESS SERVER?
Did you know that in the State of California anyone over the age of 18 who can pass a felony background check and has a spare $250 can be an RPS. Not one test on knowledge of service of process is given before he/she can legally serve documents. Isn’t that scary to you? Giving proper notice is one of the most important parts of the legal process. Do you really want to entrust that notice to someone who may not even understand what due diligence means? I hope you have enough respect for the legal profession that your answer is an emphatic…NO!
HOW DO I FIND A REGISTERED PROCESS SERVER THAT I CAN TRUST AND WHO KNOWS THE LAW REGARDING SERVICE OF PROCESS?
In California there is an Association for Registered Process Servers called the California Association for Legal Support Professionals or CALSPro. In order to become a CALSPro member you have to have been an RPS for at least 2 years. You also have to have 2 letters of recommendation from attorneys who have been using you as a process server.
CALSPro understands that this industry needs more education and they are a source of education for an RPS who wants to learn and understand this profession. Through CALSPro is the industry’s only designation program, the Certified California Process Server or CCPS. To be a CCPS you must complete the educational course requirements and pass a test that insures that you understand the laws regarding service of process. Many an RPS has taken this test and failed, so it is not an entry level exam by any means. It is designed to set apart those RPS that are true educated Professionals in this industry
WHEN CHOOSING AN RPS SHOULDN’T YOU CHOOSE ONE THAT HAS THE DESIRE TO BE THE BEST IN HIS/HER FIELD?
ROY G. BLACK, CCPS
dba TEMECULA ATTORNEY SERVICES COMPANY