If I have someone serve a defendant this document must it be a regidtered process server?
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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Lawsuit / Dispute Attorney
No. It can be anybody over the age of 18 other than yourself, i.e. the plaintiff.
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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 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.