Subject to Chapter 1 (commencing with Section 283) of Title 5 of Part 1 of this code and Section 215 of the Family Code, when a notice, order, or other paper is required to be served under this title on the judgment creditor, it shall be served on the judgment creditor’s attorney of record rather than on the judgment creditor if the judgment creditor has an attorney of record.
Manner of Service of Writs, Notices, and Other PapersService on Attorney of Creditor Or Debtor
Section § 684.010
If you need to send any legal notice or document related to this title to a person who is owed money due to a legal judgment, it should go to their lawyer if they have one, not directly to the person owed the money.
judgment creditor attorney of record legal notice service
Section § 684.020
This law explains how legal documents should be served to a judgment debtor. Generally, papers must be directly served to the debtor, not their attorney, unless the debtor has made a formal request to have documents served to an attorney instead. To make this change, the debtor must notify both the court and the creditor, and the attorney must agree to accept service. Both the debtor and the attorney must keep their agreements active and can revoke them by notifying the court and creditor. The creditor isn't required to follow the revocation until they receive notice of it.
(a)CA Civil Procedure Code § 684.020(a) Except as provided in subdivision (b), when a writ, notice, order, or other paper is required to be served under this title on the judgment debtor, it shall be served on the judgment debtor instead of the attorney for the judgment debtor.
(b)CA Civil Procedure Code § 684.020(b) The writ, notice, order, or other paper shall be served on the attorney specified by the judgment debtor rather than on the judgment debtor if all of the following requirements are satisfied:
(1)CA Civil Procedure Code § 684.020(b)(1) The judgment debtor has filed with the court and served on the
judgment creditor a request that service on the judgment debtor under this title be made by serving the attorney specified in the request. Service on the judgment creditor of the request shall be made personally or by mail. The request shall include a consent, signed by the attorney, to receive service under this title on behalf of the judgment debtor.
(2)CA Civil Procedure Code § 684.020(b)(2) The request has not been revoked by the judgment debtor.
(3)CA Civil Procedure Code § 684.020(b)(3) The consent to receive service has not been revoked by the attorney.
(c)CA Civil Procedure Code § 684.020(c) A request or consent under subdivision (b) may be revoked by filing with the court a notice revoking the request or consent. A copy of the notice revoking the request or consent shall be served on the judgment creditor. Service shall be made personally or by mail. The judgment creditor is not bound by the revocation until the
judgment creditor has received a copy of the notice revoking the request or consent.
judgment debtor service of documents attorney consent
Section § 684.030
Sections 684.010 and 684.020 don't apply when you're using a subpoena to make someone appear in court, or when you need to bring someone into contempt of court for not following orders.
Sections 684.010 and 684.020 do not apply to either of the following:
(a)CA Civil Procedure Code § 684.030(a) A subpoena or other process to require the attendance of a party.
(b)CA Civil Procedure Code § 684.030(b) A paper to bring a party into contempt.
subpoena court attendance party attendance
Section § 684.040
When legal papers must be served to an attorney, you have three options: hand them directly to the attorney, follow specific rules outlined in another part of the law, or send them by mail using a particular process described in a separate section.
If service on an attorney is required under this article, service on the attorney shall be made in any of the following ways:
(a)CA Civil Procedure Code § 684.040(a) By personal delivery to the attorney.
(b)CA Civil Procedure Code § 684.040(b) By service in the manner provided in subdivision (1) of Section 1011.
(c)CA Civil Procedure Code § 684.040(c) By mail in the manner provided in Section 684.120.
service on attorney personal delivery attorney service methods
Section § 684.050
This law section means that if you deliver legal documents to the lawyer representing either the person owed money (judgment creditor) or the person who owes the money (judgment debtor), it counts as if you delivered them directly to those individuals.
Service on the attorney for the judgment creditor or the judgment debtor pursuant to the provisions of this article constitutes service on the judgment creditor or judgment debtor for the purposes of this title.
service on attorney judgment creditor judgment debtor
