California Registered Process Server Law
Business and Professions Code §§ 22350-22360
22350. (a) Any natural person who makes more than 10 services of
process within this state during one calendar year, for specific
compensation or in expectation of specific compensation, where such
compensation is directly attributable to the service of process,
shall file and maintain a verified certificate of registration as a
process server with the county clerk of the county in which he or she
resides or has his or her principal place of business. Any
corporation or partnership that derives or expects to derive
compensation from service of process within this state shall also
file and maintain a verified certificate of registration as a process
server with the county clerk of the county in which the corporation
or partnership has its principal place of business.
(b) This chapter shall not apply to any of the following:
(1) Any sheriff, marshal, or government employee who is acting
within the course and scope of his or her employment.
(2) An attorney or his or her employees.
(3) Any person who is specially appointed by a court to serve its
process.
(4) A licensed private investigator or his or her employees.
(5) A professional photocopier registered under Section 22450, or
an employee thereof, whose only service of process relates to
subpoenas for the production of records, which subpoenas specify that
the records be copied by that registered professional photocopier.
22351. (a) The certificate of registration of a registrant who is a
natural person shall contain the following:
(1) The name, age, address, and telephone number of the
registrant.
(2) A statement, signed by the registrant under penalty of
perjury, that the registrant has not been convicted of a felony; or,
if the registrant has been convicted of a felony, a copy of a
certificate of rehabilitation, expungement, or pardon.
(3) A statement that the registrant has been a resident of this
state for a period of one year immediately preceding the filing of
the certificate.
(4) A statement that the registrant will perform his or her duties
as a process server in compliance with the provisions of law
governing the service of process in this state.
(b) The certificate of registration of a registrant who is a
partnership or corporation shall contain the following:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) A statement, signed by the general partners or officers under
penalty of perjury, that the general partners or officers have not
been convicted of a felony.
(3) A statement that the partnership or corporation has been
organized and existing continuously for a period of one year
immediately preceding the filing of the certificate or a responsible
managing employee, partner, or officer has been previously registered
under this chapter.
(4) A statement that the partnership or corporation will perform
its duties as a process server in compliance with the provisions of
law governing the service of process in this state.
22351.5. (a) At the time of filing the initial certificate of
registration, the registrant shall also submit two completed
fingerprint cards, for submission to the Department of Justice and
the Federal Bureau of Investigation, in order to verify that the
registrant has not been convicted of a felony. The clerk shall
utilize the Subsequent Arrest Notification Contract provided by the
Department of Justice for notifications subsequent to the initial
certificate of registration. If, however, the clerk was not under
contract with the Department of Justice at the time the initial
certificate was filed, registrants shall be required to submit new
fingerprint cards at the time of renewal until the notification
contract is in place.
(b) If, after processing the completed fingerprint cards, the
clerk is advised that the registrant has been convicted of a felony,
the presiding judge of the superior court of the county in which the
certificate of registration is maintained is authorized to review the
criminal record and, unless the registrant is able to produce a copy
of a certificate of rehabilitation, expungement, or pardon, as
specified in paragraph (2) of subdivision (a) of Section 22351,
notify the registrant that the registration is revoked. An order to
show cause for contempt may be issued and served upon any person who
fails to surrender a registered process server identification card
after a notice of revocation.
22352. At the time of filing the initial certificate of
registration, a registrant shall pay the following fees to the county
clerk:
(a) A fee of one hundred dollars ($100).
(b) A fee to cover the actual costs of processing the completed
fingerprint cards when submitted with the initial certificate of
registration.
(c) A fee to cover the actual cost of issuing a registered process
server identification card.
22353. (a) A certificate of registration shall be accompanied by a
bond of two thousand dollars ($2,000), executed by an admitted surety
insurer and conditioned upon compliance with the provisions of this
chapter and all laws governing the service of process in this state.
The total aggregate liability on the bond is limited to two thousand
dollars ($2,000). As an alternative to the bond, the registrant may
deposit with the clerk, cash or a money order in the amount of two
thousand dollars ($2,000).
(b) The county clerk shall, upon filing the bond, deliver the bond
forthwith to the county recorder for recording. The recording fee
specified in Section 27361 of the Government Code shall be paid by
the registered process server. The fee may be paid to the county
clerk, who shall transmit it to the recorder.
(c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
(d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording. The recording fee specified in
Section 27361 of the Government Code for the notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
22354. A certificate of registration shall be effective for a
period of two years or until the date the bond expires, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 22352. A certificate of registration
may be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of
the bond, whichever occurs first.
22355. (a) The county clerk shall maintain a register of process
servers and assign a number and issue an identification card to each
process server. The county clerk shall issue a temporary
identification card, for no additional fee, to applicants who are
required to submit fingerprint cards for background checks to the
Federal Bureau of Investigation and the Department of Justice. This
card shall be valid for 120 days. If clearance is received from the
Federal Bureau of Investigation and the Department of Justice within
120 days, the county clerk shall immediately issue a permanent
identification card to the applicant. Upon request of the applicant,
the permanent identification card shall be mailed to the applicant
at his or her address of record. Upon renewal of a certificate of
registration, the same number shall be assigned, provided there is no
lapse in the period of registration.
(b) The temporary and permanent identification cards shall be 33/8
inches by 21/4 inches and shall contain at the top the title,
"Registered Process Server," followed by the registrant's name,
address, registration number, date of expiration, and county of
registration. In the case of a natural person, it shall also contain
a photograph of the registrant in the lower left corner.
22356. A registrant shall be responsible at all times for the good
conduct of his or her employees acting within the course or scope of
their employment, and any person acting as an independent contractor
within the course or scope of the agency relationship with the
registrant.
22356.5. (a) In addition to the information required by subdivision
(b) of Section 22360, any proof of service of any process which is
signed by an independent contractor of a registrant under this
chapter shall indicate that the proof of service was signed as an
independent contractor of a registered process server. The proof of
service shall indicate the county of registration and the number
assigned pursuant to Section 22355 of both the independent contractor
and the entity registered under this chapter.
(b) No registrant shall permit any individual to sign any proof of
service of any process as an independent contractor unless all of
the following conditions are met:
(1) The independent contractor is performing pursuant to a written
independent contractor agreement with the registrant.
(2) The independent contractor supplies proof of bonding under
Section 22353, if applicable.
(3) The registrant exercises minimal supervision or control over
the means of accomplishing the service of any process assigned by the
registrant. The registrant may communicate a deadline for the
service of process and request notification that such service has
been completed.
(4) The registrant imposes no restrictions on the independent
contractor's ability to perform services for others registered under
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