My question involves collection proceedings in the State of: California
Or can they just file a court petition? How does this work? The debt is under 3,000.00
Thank you.
My question involves collection proceedings in the State of: California
Or can they just file a court petition? How does this work? The debt is under 3,000.00
Thank you.
When you sue someone you have to serve them.
PG is correct. In some places in California you may be able to get a sheriff or marshall to serve the papers, but in general, it's up to you to find a process server. The only requirement for the process server is that they be at least 18 and not a party to the case in question. They could be a professional process server, or just some friend of yours that's not otherwise involved.
Even if I read this question as a continuation of the question asked in the subject header of your post, it doesn't make a ton of sense. There's no such thing as a "petition" in a debt collection lawsuit in California. In order for a person/entity "to sue you," he/she/it begins the process by filing a complaint with the superior court (unless the case is filed in the small claims division, in which case the document is called "Plaintiff's Claim and Order to Go to Small Claims Court"). The plaintiff must then serve a copy of the complaint (along with a copy of a summons) or a copy of the Claim and Order on the defendant. Service can be made by using a registered process server or the county sheriff or any person at least 18 years of age (the only exception being that the plaintiff may not him/her/itself serve the document).
Not just the plaintiff is barred, anybody who is a party to the action is as well. Of course, in the simple one-on-one case, that's just the plaintiff and the defendant.
In theory, and while obviously unlikely, a plaintiff could enlist defendant A to serve the summons and complaint on defendant B. The law states that "[a] summons may be served by any person who is at least 18 years of age and not a party to the action."