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  1. #1

    Default Eviction Process As a Process Server

    My question involves an eviction in the state of: California

    Hi I'm a process server in the state of California. I had a couple of questions and concerns about the way I should approach evicting somebody.

    Just say I receive work from a lawyer, about evicting tenants in apartment complexes. They are also asking me to file with the court. So they overnight me the original documents that the land lord has provided.

    what are the steps that i should do? I believe the steps listed below are correct.

    step 1 File a summons and complaint with the local courthouse?

    step 2 Serve the notice of eviction right away? or do I have to wait for a certain time period? serve through personal, substituted, or post and 1st class mail

    step 3 File a proof of service? file the proof of service to who though? the courthouse or the lawyer that gave me the work? or both?

    Am I missing any other steps?

    and I believe the courthouse charges around $220-250 to file a complaint. What is the average going rate that I should charge to file the paper work to the courthouse, not including the courthouse charges.

    I am sorry if this is not the correct forum to post this under, Moderators can move me if it isn't correct.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Eviction Process As a Process Server

    You have no knowledge of how to serve process, no experience serving process, and no idea what your services are worth? How is it, then, that you're working as a process server?

    Do you have a process servers license? If not, are you registered and bonded?

    Go here, and start reading the statutes at 413.10 et seq.

  3. #3

    Default Re: Eviction Process As a Process Server

    I'm sorry I may have worded my question wrong. Here is my current situation.
    I have been serving for a year now as an in-house server. Being an in-house server, they did all of my proof of services, all I had to do was sign my name. I am licensed and bonded. I know all the rules that apply to when serving, a summons and complaint, wage garnishments, subpoena's, etc. etc. but I'm trying to pick up extra work since I am an independent contractor.

    I'm getting paid $8 dollars a serve at the in-house which i think is totally unfair. I'm hopefully getting a new client, and since this is my first client, I don't know what the average going rate is. I've been doing some research, and went to the local Civil court house and found more information at the self help desk.

  4. #4
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Eviction Process As a Process Server

    You have to first serve the delinquent tenant a 3 Day Notice to Pay or Quit. There are a number of ways you can serve him: post in plain sight (front door), hand deliver, certified mail. I always recommend certified mail so you can prove the date it was mailed. If the tenant doesn't pay in full within the 3 Days, you file your proof of service with the court. They will then give the owner/landlord and the tenant a court date at which time the tenant will have the opportunity to explain himself. If he doesn't show up, the landlord will be granted a Writ or Possession and the tenant will have to leave by the date given by the court. if they don't, a sheriff will help them out of the property.

    If I were you, I would keep track of all of the paperwork and give copies to the landlord. As far as what you charge, what is your time worth?

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