Affidavit and Proof of Service Requirements Guide, California Edition
by Tony Klein
Process Server Institute has published a new 97 page guide describing how to prepare the California Proof of Service of Summons-POS-010 forms and Notice to a Tenant. A section is devoted to preparing a Proof or Service or an Affidavit of Service for use in every other state. The guide is intended to supplement The Registered Process Server’s Guide to Service of Process in California, 3d Edition. We also intend to create consistency and standardization between a process server preparing the proof of service and the court clerk that needs to review it.
Exemplars demonstrate how to complete the mandated California Proof of Service of Summons form.  There are 19 separate examples including:
  •    Personal Service – Individual (CCP § 415.10) (See sample of Exemplar)
  •    Personal Service – Corporation (CCP § 416.10) (See sample of Exemplar)
  •    Personal Service - Association or Partnership (CCP § 416.20)
  •   Personal Service - Limited Liability Company (Corp. Code § 17061)
  •   Personal Service -Public Entity (CCP § 416.50)
  •   Personal Service - Individual as a Doe Defendant (CCP § 474)
  •   Substituted Service on a Business (CCP § 415.20(a))
  •    Substituted Service on an Individual (CCP § 415.20(b))
  •    Substituted Service on an Individual at a Mailing Address (CCP § 415.20(b))
  •     Substituted Service – Gated Community – Individual  (CCP § 415.21, Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal.App.4th 1387, 8 Cal.Rptr. 351)
  •     Service on an Unnamed Occupant (CCP § 415.46)
  •     Service on a Business Organization, Form Unknown (CCP § 416.95)
  •     Service Pursuant to a Posting Order (CCP § 415.45)
  •     Court Ordered Service (CCP § 413.30)

Several Blank Proof and Affidavit of Service Forms for use in California and New Jersey are included, the only two states with mandatory forms. Blank proofs of service of any type of document and a declaration of diligence form are also included. A generic affidavit that can be used in any state is also provided, but may be further enhanced by reviewing the Summary of Affidavit Requirements by State section for any known requirements by the state court where the action is pending.

The California Code Sections and Rules of Court section lists the text of the laws governing proof service, and service of a summons on a defendant and notice to a tenant. The service statutes are included so that the proof of service can reflect that the proper service requirements were met.

The Essential Elements of an Affidavit, Proof and Return of Service section describes the information that may be required in proving service. The elements that are required are further described in the Summary of Affidavit Requirements by State.

The Summary of Affidavit Requirements by State describes affidavit and proof of service requirements for all states, federal courts, and one Canadian Province court. (See sample page here)

This book is $25.00, plus tax and shipping via Priority Mail: $32.12.

If you purchase it with The Registered Process Server’s Guide to Service of Process in California, 3d Edition, the price is reduced 10% to only $22.50.

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