Who can legally serve papers?
Under Code of Civil Procedure section 414.10, a summons may be served by any person who is at least 18 years old and not a party to the action. You cannot serve your own papers.
California Courts lists several kinds of servers: a friend, relative or coworker, a county sheriff or marshal, a professional process server, or anyone at least 18 who isn’t part of your case. Whoever serves must deliver the papers by the deadline, fill out a proof of service and give it back to you to file with the court.
Using the sheriff or marshal.
California Courts’ civil guide lists the county sheriff as a server in most, but not all, counties. In some places the marshal serves papers; for example, the domestic violence guide tells people in Trinity County to contact the marshal.
Government Code section 26721 sets the sheriff’s fee for serving process at the amount in section 26720.9, which is currently $50. Section 26721 adds that there is no additional fee for substitute service when it is authorized. California Courts says the sheriff charges to serve papers unless you have a fee waiver.
Contact the sheriff’s or marshal’s office for the county you need to learn how it accepts papers and what it currently requires.
Domestic violence restraining orders are served for free.
For a domestic violence restraining order, California Courts says the sheriff will serve your papers for free. You must give the sheriff an address or location for the other side, and the request is made with form SER-001, Request for Sheriff to Serve Court Papers.
The guide advises contacting the sheriff or marshal as soon as you can, because it may take them a couple of weeks to attempt service. You can also hire a professional process server or ask someone you know who is 18 or over and not part of the case. You can’t serve the papers yourself, and the guide suggests thinking about safety when choosing a server.
Registered process servers.
Business and Professions Code section 22350 requires a person who makes more than 10 services of process in California in a calendar year for compensation to file and maintain a verified certificate of registration as a process server with the county clerk where they live or have their principal place of business. A corporation or partnership that earns compensation from serving process must also register.
Sheriffs, marshals and government employees acting within their employment are exempt, as are some others, including an attorney or the attorney’s employees serving process in the attorney’s own cases and licensed private investigators. Under section 22351, a registrant’s certificate includes a statement, signed under penalty of perjury, about felony convictions and a statement that the registrant will serve process in compliance with California law.
Affid is a registered and bonded California process server, and every process server who serves papers for Affid is California registered.
Why registration matters for the proof of service.
After service, the server completes and signs a proof of service saying how, when and where the papers were served and who received them. California Courts explains that the server gives it to you to file with the court.
Evidence Code section 647 provides that the return of a registered process server upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return. It is a rule about the facts stated, not a substitute for serving the right recipient by an allowed method.
When the sheriff serves, the office provides the paperwork. For restraining orders, California Courts says a deputy completes the Proof of Service or, if the papers were not served, a form listing the dates and times the sheriff tried.
Practical differences.
Either option can serve your papers. The differences are mostly about cost, scheduling and the records you receive, so ask the office or company the same questions before you choose.
| Consideration | Sheriff or marshal | Registered process server (Affid) |
|---|---|---|
| Fee | Currently $50 under Government Code sections 26721 and 26720.9, unless you have a fee waiver. Free for domestic violence restraining orders. | Set by the company. Affid’s published rates start at $100 per recipient and address, before add-ons. |
| Where it serves | The county sheriff in most, but not all, counties; the marshal in some. | Affid accepts requests for addresses in California. |
| Scheduling | Set by the office’s procedures. Ask how and when it makes attempts. | You request a due date that sets the Routine, Rush or Same-Day tier, share likely times and places and can book a Stakeout window. |
| Attempts and records | Ask what the office returns if service is not completed. | Up to 4 attempts per recipient and address are included, and each attempt and outcome is recorded in your client workspace. |
Which one fits your situation?
The sheriff or marshal can be a good choice when the statutory fee or a fee waiver keeps costs down, when you are serving a domestic violence restraining order, and when your deadline leaves time for the office’s procedures.
A process server may fit better when you want to set a requested due date, give detailed timing for attempts, arrange scheduled time on site or keep attempts and documents together in one workspace.
Whichever you choose, give the server accurate addresses, a photo of the person if you have one and your deadline.
- What is the fee, and does a fee waiver or exemption apply?
- How do I submit the papers and any request form?
- How will I hear about each attempt?
- Who completes the proof of service, and when will I receive it?
- What happens if service is not completed by my deadline?
Official sources.
Follow the instructions for your case and check the relevant court’s current requirements. These links provide the official information referenced in this guide; Affid is not affiliated with the courts.
This guide compares two common ways to have papers served. It is not legal advice. Sheriff and marshal procedures and fees vary by county and can change, so check with the office for your county, the court’s instructions or your legal adviser.
