Must I use a registered process server or sheriff to serve a SC134?

Asked about 1 year ago - Los Angeles, CA

If I have someone serve a defendant this document must it be a regidtered process server?

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    3

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    Answered . Yes. A registered process server or the sheriff must serve the Form SC-134, the blank Form SC-133, and Form SC-107 on the judgment debtor.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Aalok Sikand

    Contributor Level 12

    Answered . No. It can be anybody over the age of 18 other than yourself, i.e. the plaintiff.

    (310) 498-1821. aalok.sikand@gmail.com. I provide my clients with honest, thoughtful advice and diligent,... more
  3. Adam Jay Jaffe

    Pro

    Contributor Level 15

    Answered . This is the ONLY Small Claims form that MUST be served by a law enforcement officer (does not NEED to be the Sheriff, but usually is; e.g. if you have a friend that is CHP, LAPD, etc. they can serve it) or a licensed Registered Process Server ("RPS.") The reason why is that failing to appear at the hearing can place the person in Contempt. Contempt is a quasi-criminal proceeding. If the judgment debtor/defendant IS served AND does NOT show up, a warrant can (usually is) issued for their arrest. Hence, quasi-criminal.

    Give the completed form to either entity (Sheriff or RPS), and they will serve it. They know what it is, how to serve it, how to fill out the proof of service.

    If you have further questions, be sure to contact a lawyer that knows about Small Claims. Try: www.smallclaimsappeals.com

    Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964... more
  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    Answered . Yes or a person exempt from the B&P such as the sheriff

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