Legal Question in Civil Litigation in California

When I walk into an office to serve a lawsuit & summons or other legal documents, I get greeted and welcomed with hospitality. But when the receptionist(s) finds out that I have a lawsuit & summons to serve on them, they change their tone, become angry and tell me to leave immediately or they will call the police on me.,,, If I'm trying to serve court documents and I do not leave their reception area after they tell me to leave, would I get arrested for attempting to serve legal documents? ,,,Would the receptionsist(s) and the Police be breaking the law if they interfere with me trying to perform a legal Judicial Process (serving court documents)?


Asked on 8/26/14, 4:00 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Look up the word 'trespass'. You have no 'right' to go into others' property to serve them. You'll have to learn the ropes from experienced servers how to get the job done without causing yourself problems. Your situation is why many people use Sheriffs to serve process, even though it is slower. Also, no one gets to argue they weren't served when it was done by Sheriff.

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Answered on 8/26/14, 4:06 pm
Joel Selik www.SelikLaw.com

Do you have a license as a process server? If so you need to know the laws. If you are a licensed process server or otherwise doing lawful service, you are allowed to come onto the property of others that is open to the public. You need to ask the person to come out and be served. You may need to do it several times in order to do sub serve and dec. I would not stay when threatened with arrest. Some police will support you when you come and make the person come out. Others will arrest you. Savy process servers know the laws and how to best address different situations. You may be better, for example, to stake out the person in the parking lot.

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Answered on 8/26/14, 4:12 pm


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