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

Los Angeles, CA |

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

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Attorney answers 4

Posted

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.

Asker

Posted

On the SC107 @p.3@(3a) there is a box for non-43registered server? Can the SC107 be served solo w/o registered process server?

Posted

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, vigorous representation. I serve Ventura, Los Angeles, Orange, Santa Barbara and San Diego Counties. I wouldn't take any of my answers on avvo.com as legal advice since there are still too many factors that need to be discussed before I can give you a reliable opinion.

Aalok Sikand

Aalok Sikand

Posted

I apologize. I stand corrected. I guess that's why attorneys aren't allowed to handle small claims!

Adam Jay Jaffe

Adam Jay Jaffe

Posted

This is the ONLY form that must be served by a Sheriff or RPS. Attorney's can participate in Small Claims and it is not hard. It is the bulk of my business. You just have to know the law, like anything else. The law rests, in its entirety, in CCP 116, et seq. Much of it relates to court management...

Aalok Sikand

Aalok Sikand

Posted

Thanks Adam. How's it down there in Solana Beach?

Adam Jay Jaffe

Adam Jay Jaffe

Posted

Just moved from Camarillo. I grew up about 6 miles south of my office. I get to be the prodigal son.

Aalok Sikand

Aalok Sikand

Posted

Me too except the opposite! I just moved from Newport Beach to Ventura and I grew up six miles south of my office! I'd be interested to see how you help out with the small claims matters.

Asker

Posted

I am glad to provide an opportunity for you 2 to catch up. You can thank me later.

Posted

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.

Posted

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

Adam Jay Jaffe

Adam Jay Jaffe

Posted

I disagree re: exemption. Here is a direct quote from the instructions for Form SC-134: You must have a copy of this form and a blank copy of the ...SC133...personally served on the judgment debtor by a Sheriff, Marshal, or Registered Process Server at least 10 calendar days before the date of the hearing, and have a proof fo service filed with the court.... Further SC-134 is adopted for Mandatory Use. So, it must be served by the Sheriff, Marshal or RPS.

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