Q: Do I understand correctly?
Do I understand correctly?
Server of process has to include proof of service into packet of documents served by mail. However, the POS included in mailing should not be signed, although dated.
AFTER serving is completed, POS gets signed, before filing of the POS with court.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your understanding about the proof of service (POS) process is partially correct, but let me clarify the details for California.
When serving documents by mail, you do not need to include the proof of service form in the packet of documents being served to the other party. The proof of service is a separate document that you complete after the service has been performed. You'll want to date the POS with the actual date you mailed the documents.
After completing the service, the person who performed the service (the server) must sign the proof of service under penalty of perjury. Only then should you file the signed and completed proof of service with the court. This verifies to the court that proper service was completed and when it occurred.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
