Swift Attorney Service

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DO I NEED A PROCESS SERVING COMPANY? * Using/Hiring a process serving company is an important step in proceeding with a court case because the company's staff has experience in serving legal documents efficiently and has knowledge regarding legislation surrounding service of process in the county and within the state. WHAT IS SERVICE OF PROCESS? * Service of process is when legal documents (Summonses, Complaints, Subpoenas, Writs, and other documents) are served to the individual/business (through personal or sub-service (on certain documents) to whom the legal document is directed. WHO CAN SERVE DOCUMENTS? * Service of process must be served by an individual who is not a party to the case. In many cases a County Registered Process Server must serve papers. WHAT DOES A PROCESS SERVER DO? * A registered process server serves documents (usually legal documents) to an individual involved in a court case. * Many process servers can also file papers with courts, can retrieve documents, and can do various types of investigations (surveillance, skip trace, people locats, asset searches, etc.). * A process server must serve the documents in accordance with the legislation in the area of service - this can mean handling/serving the documents to an individual personally or by sub-serving someone that lives in the same household or is appartently in charge of the place of business). WHAT HAPPENS AFTER THE DOCUMENTS ARE SERVE? * Once documents are served, the server must provide a proof of service (with a signature - under penalty of perjury) which states the manner in which the papers were served and include the necessary paperwork. * If the documents are sub-served (or in other cases) the server/Swift Attorney Service, will provide a proof of service, diligence, and a proof of mailing. HOW DO REGISTERED PROCESS SERVERS GET AROUND THE NO TRESPASSING RULES? * In California, "Registered Process Servers" are granted "... a limited exemption against trespassing." This allows servers to enter a private property for a reasonable period of time to attempt service of process. CAN PROCESS SERVERS GAIN ACCESS TO GATED COMMUNITIES? * Yes, registered process servers are granted access to gate communities if staffed by a guard or other security personnel, but he or she must use certain protocol (explained in CCP section 415.21). * If a gated community is not staffed by a guard or other security personnel, an access key (provided by the client) can be used in order to enter the community. A server may also be granted access by a property manager, through the intercom system, or simply waiting for someone to enter or exit the building.

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