Chapter 16Process Servers

Section § 22350

Explanation

If you serve legal papers more than 10 times a year in California for pay, you must register as a process server with the county clerk where you live or have your main business. Companies and partnerships must do the same where they are based. This rule does not apply to sheriffs, marshals, government workers, attorneys, court-appointed individuals, licensed private investigators, or certain registered photocopiers dealing with specific subpoenas.

(a)CA Business and Professions Code § 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 that 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)CA Business and Professions Code § 22350(b) This chapter shall not apply to any of the following:
(1)CA Business and Professions Code § 22350(b)(1) Any sheriff, marshal, or government employee who is acting within the course and scope of his or her employment.
(2)CA Business and Professions Code § 22350(b)(2) An attorney or his or her employees, when serving process related to cases for which the attorney is providing legal services.
(3)CA Business and Professions Code § 22350(b)(3) Any person who is specially appointed by a court to serve its process.
(4)CA Business and Professions Code § 22350(b)(4) A licensed private investigator or his or her employees.
(5)CA Business and Professions Code § 22350(b)(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.
process server registration verified certificate sheriff exemption marshal exemption government employee attorney exemption court-appointed server licensed private investigator professional photocopier subpoena records service of process specific compensation county clerk principal place of business natural person
(Amended by Stats. 2005, Ch. 300, Sec. 1. Effective January 1, 2006.)

Section § 22351

Explanation

This law outlines the requirements for registering as a process server in California. For individuals, the registration certificate must include personal details like name and contact information, a statement confirming they haven't been convicted of a felony (or documentation of rehabilitation if they have), proof of California residency for the past year, and an agreement to follow legal rules while serving documents. For partnerships or corporations, the certificate needs similar information about the general partners or officers and must show they've been in business or had a registered person for at least a year. The county clerk keeps these certificates for three years after they expire, or if scanned, keeps the image for ten years before destroying it.

(a)CA Business and Professions Code § 22351(a) The certificate of registration of a registrant who is a natural person shall contain the following:
(1)CA Business and Professions Code § 22351(a)(1) The name, age, address, email address, and telephone number of the registrant.
(2)CA Business and Professions Code § 22351(a)(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)CA Business and Professions Code § 22351(a)(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)CA Business and Professions Code § 22351(a)(4) A statement that the registrant will perform their duties as a process server in compliance with the provisions of law governing the service of process in this state.
(b)CA Business and Professions Code § 22351(b) The certificate of registration of a registrant who is a partnership or corporation shall contain the following:
(1)CA Business and Professions Code § 22351(b)(1) The names, ages, addresses, email addresses, and telephone numbers of the general partners or officers.
(2)CA Business and Professions Code § 22351(b)(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)CA Business and Professions Code § 22351(b)(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)CA Business and Professions Code § 22351(b)(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.
(c)CA Business and Professions Code § 22351(c) The county clerk shall retain the certificate of registration for a period of three years following the expiration date of the certificate, after which time the certificate may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the certificate is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
process server registration individual registrant details certificate of registration requirements felony conviction statement residency requirement partnership corporation registration legal compliance statement certificate retention period county clerk responsibilities scanned certificate image
(Amended by Stats. 2021, Ch. 376, Sec. 35. (AB 830) Effective January 1, 2022.)

Section § 22351.5

Explanation

This law requires someone registering or renewing their registration for a specific role to submit fingerprints to make sure they haven't been convicted of a felony. If the results show a felony conviction, a judge can review their criminal record. Unless they can show proof of rehabilitation, expungement, or a pardon, their registration will be canceled. If they don't return their ID card after being notified, they might face legal trouble.

(a)CA Business and Professions Code § 22351.5(a) At the time of filing an initial certificate of registration or renewing a certificate of registration that has lapsed, the registrant shall also submit a completed Request for Live Scan form confirming fingerprint 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.
(b)CA Business and Professions Code § 22351.5(b) If, after receiving the results of the Request for Live Scan, 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.
initial certificate of registration renewing registration fingerprint submission felony conviction Subsequent Arrest Notification certificate of rehabilitation expungement pardon registration revocation registered process server identification card Request for Live Scan Department of Justice Federal Bureau of Investigation criminal record review order to show cause for contempt
(Amended by Stats. 2009, Ch. 137, Sec. 1. (AB 1123) Effective January 1, 2010.)

Section § 22352

Explanation

If you're registering, you'll need to pay a $100 fee, plus cover the costs of fingerprinting (live scan) and getting your ID card processed by the county clerk.

At the time of filing the initial certificate of registration, a registrant shall pay the following fees to the county clerk:
(a)CA Business and Professions Code § 22352(a) A fee of one hundred dollars ($100).
(b)CA Business and Professions Code § 22352(b) A fee to cover the actual costs of processing the completed request for live scan when submitted with the initial certificate of registration.
(c)CA Business and Professions Code § 22352(c) A fee to cover the actual cost of issuing a registered process server identification card.
initial certificate of registration county clerk fee live scan fingerprinting costs registration fee process server ID card identification card processing costs registrant fees registration process payment obligations county fee business registration live scan processing
(Amended by Stats. 2017, Ch. 573, Sec. 72. (SB 800) Effective January 1, 2018.)

Section § 22353

Explanation

If you're registering as a process server, you need to either provide a $2,000 bond or deposit the same amount with the county clerk to ensure you follow the rules. The bond is managed by a surety company, or you can use cash or a money order. Once you file the bond, the county clerk sends it to be recorded, and you'll pay a fee for this. Also, there are fees for handling the bond, like seven dollars for filing or canceling it. Finally, any changes or cancellations to the bond have to be recorded too, and those recording fees need to be paid.

(a)CA Business and Professions Code § 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)CA Business and Professions Code § 22353(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)CA Business and Professions Code § 22353(c) The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d)CA Business and Professions Code § 22353(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.
process server bond surety insurer registration requirements compliance guarantee bond recording recording fee cash deposit alternative bond cancellation filing fee county clerk procedures bond revocation money order deposit aggregate liability bond withdrawal
(Amended by Stats. 2002, Ch. 197, Sec. 1. Effective January 1, 2003.)

Section § 22354

Explanation

This law states that a certificate of registration is valid for two years or until a bond expires, whichever comes first. When it expires, you must file for a new certificate or renew the current one, and pay a specified fee. You can renew up to 60 days before the certificate expires, with the renewal taking effect when the current registration ends. The renewal lasts for another two years or until the bond expires, again whichever happens first.

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.
certificate of registration effective period two years bond expiration new certificate renewal renewal fee 60 days prior expiration date effective date registrant requirements
(Amended by Stats. 2001, Ch. 35, Sec. 3. Effective January 1, 2002.)

Section § 22355

Explanation

This section outlines the process for registering and issuing identification cards to process servers. The county clerk keeps a list of process servers and gives each an ID card. Applicants needing background checks are first given a temporary card that's good for 120 days. If they pass the checks, they get a permanent card. The ID cards must meet specific size and information requirements. For individual servers, a photo is required; partnerships or corporations are registered under their business name without a photo. Renewals must keep the same registration number if done within the same county and without a three-year gap.

(a)CA Business and Professions Code § 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 Request for Live Scan forms 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 that the applicant is renewing registration in the same county in which he or she was previously registered and there is no lapse of three or more years in the period of registration.
(b)CA Business and Professions Code § 22355(b) The temporary and permanent identification cards shall be not less than 31/4 inches by 2 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. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph.
process servers identification card county clerk background checks temporary card permanent card photo requirement registration renewal Live Scan FBI clearance Department of Justice natural person partnership registration corporation registration address of record
(Amended by Stats. 2015, Ch. 295, Sec. 14. (AB 285) Effective January 1, 2016.)

Section § 22356

Explanation

If you're registered under this law, you're responsible for making sure your employees and independent contractors behave properly while they're working for you.

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.
registrant responsibility employee conduct independent contractor agency relationship scope of employment good conduct professional behavior employment supervision contractor oversight responsible conduct workplace ethics employee supervision agency obligations contractor behavior workplace responsibility
(Amended by Stats. 1991, Ch. 598, Sec. 2.)

Section § 22356.5

Explanation

This law is about the rules for independent contractors who serve legal documents. When an independent contractor completes a proof of service, it must clearly state that they're an independent contractor, along with their registration details. To qualify as an independent contractor under this law, they must have a contract, provide any necessary bonding, be minimally supervised, face no work restrictions from the registrant, and have all required licenses. If any of these conditions aren’t met, they're considered an employee for legal purposes. However, this law doesn’t stop other legal determinations about employment status.

(a)CA Business and Professions Code § 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)CA Business and Professions Code § 22356.5(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)CA Business and Professions Code § 22356.5(b)(1) The independent contractor is performing pursuant to a written independent contractor agreement with the registrant.
(2)CA Business and Professions Code § 22356.5(b)(2) The independent contractor supplies proof of bonding under Section 22353, if applicable.
(3)CA Business and Professions Code § 22356.5(b)(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)CA Business and Professions Code § 22356.5(b)(4) The registrant imposes no restrictions on the independent contractor’s ability to perform services for others registered under this chapter.
(5)CA Business and Professions Code § 22356.5(b)(5) The independent contractor supplies proof that any required business licenses have been obtained.
(c)CA Business and Professions Code § 22356.5(c) Persons not meeting the criteria of subdivision (b) shall be treated as employees of the registrant while persons meeting the criteria of subdivision (b) shall be treated as independent contractors.
(d)CA Business and Professions Code § 22356.5(d) This section shall not preclude an independent determination of employment under any other provision of law.
independent contractor proof of service registered process server contractor agreement bonding requirements registration details minimal supervision business licenses employee classification employment status determination
(Amended by Stats. 1997, Ch. 442, Sec. 8. Effective January 1, 1998.)

Section § 22357

Explanation

If someone gets hurt because legal documents were served incorrectly by a registered process server, they can claim damages from the process server's bond. The process server must then restore the bond amount within 30 days. If they fail to do this, their registration will be canceled, and the remaining bond money goes to the county.

(a)CA Business and Professions Code § 22357(a) Any person who recovers damages in any action or proceeding for injuries caused by a service of process which was made by a registrant and did not comply with the provisions of law governing the service of process in this state may recover the amount of the damages from the bond required by Section 22353.
(b)CA Business and Professions Code § 22357(b) Whenever there has been a recovery against a bond under subdivision (a), the registrant shall file a new bond or cash deposit within 30 days to reinstate the bond or cash deposit to the amount required by Section 22353. If the registrant does not file the bond within 30 days, the certificate of registration shall be revoked and the remainder of the bond forfeited to the county treasury.
service of process process server bond recovery damages legal documents registration revocation new bond requirement cash deposit county treasury injuries from improper service
(Amended by Stats. 1999, Ch. 892, Sec. 10. Effective January 1, 2000.)

Section § 22358

Explanation

If a service of process by a registered individual, or someone working for them, doesn't follow the rules or is improperly done, their registration can be revoked or suspended. The county clerk or a prosecutor can start an investigation into such issues. If the prosecutor finds a reason, a hearing will be set up to decide on the revocation or suspension, following specific legal procedures. If the administrative law judge orders the suspension or revocation, the county clerk must enforce it immediately. If revoked, any bond or deposit made for the registration will be forfeited.

(a)CA Business and Professions Code § 22358(a) A certificate of registration may be revoked or suspended whenever it has been determined that the registrant has made a service of process, including service completed by an employee or independent contractor of the registrant, which does not comply with the provisions of law governing the service of process in this state or constitutes an improper service of process not amounting to a violation of law.
(b)CA Business and Professions Code § 22358(b) An investigation concerning the revocation or suspension of a certificate of registration may be commenced at any time at the option of the county clerk if the county clerk deems it to be appropriate. A complaint by any person who has alleged that he or she has been injured by a service of process shall be investigated by the public prosecutor. The investigation shall determine if the registrant complied with the provisions of law governing the service of process or constituted improper service of process not amounting to a violation of the law.
(c)CA Business and Professions Code § 22358(c) If the public prosecutor determines from the investigation that cause may exist for the suspension or revocation of the certificate of registration, he or she shall set the matter for hearing and give notice to the registrant. That hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code except that the decision of the administrative law judge shall be final. For the purposes of those provisions, the public prosecutor shall be deemed to be the agency.
(d)CA Business and Professions Code § 22358(d) If, after the hearing, the county clerk is notified after the decision has become effective that the administrative law judge has directed that the registrant’s certificate be suspended or revoked, the county clerk shall forthwith suspend or revoke the certificate. If the certificate is revoked, the bond or cash deposit required by Section 22353 shall be forfeited to the county treasury subject to the right of a person to recover against the bond or cash deposit under Section 22357.
certificate of registration revocation suspension service of process county clerk public prosecutor hearing administrative law judge improper service investigation bond forfeiture cash deposit Section 22353 Section 22357 injured by service
(Amended by Stats. 1991, Ch. 598, Sec. 4.)

Section § 22359

Explanation

If someone breaks any rules in this chapter, they are committing a misdemeanor, which is a type of crime.

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.
misdemeanor criminal offense violation provisions rules guilty penalty breach misconduct legal consequences
(Added by Stats. 1971, Ch. 1661.)

Section § 22360

Explanation

If you are registered under this law and serve legal documents, you need to show the county where you're registered and your registration number on any service proof you sign.

Any proof of service of any process which is signed by a registrant under this chapter shall indicate the county in which he or she is registered and the number assigned to him or her by Section 22355.
proof of service process server county registration registration number registrant responsibilities serving legal documents Section 22355 signed proof document service process serving requirements
(Amended by Stats. 1997, Ch. 442, Sec. 9. Effective January 1, 1998.)