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How Do I Serve Legal Documents on a Government Agency in California?

How Do I Serve Legal Documents on a Government Agency in California?

What does “serving the defendant” mean?

When you file your case, you must formally notify the defendant that you are suing them. You accomplish this by having someone deliver a copy of the completed paperwork to them. This is called service. 

Serving occurs when another person (known as a server) delivers a copy of the filed papers to the defendant. Typically, this is accomplished by hand-delivering the papers to the defendant. The defendant does not have to sign or do anything. The server simply leaves the papers with them. This is referred to as personalized service. You have sixty days from the date you filed the action to get the papers served and to provide documentation to the court that it was done. 

The court can give you more time to serve the defendant, but you must actively seek to get the papers served. 

How to serve papers in person?

Determine who to serve: When serving local government agencies, serve the agency’s clerk, secretary, or head. If the “State of California” is the defendant, serve the Attorney General’s office.

How can the government be served with legal papers?

If the city is sued, the city clerk or authorized agent who can receive service must be served. If the county is served, a county clerk takes on the same responsibilities. However, if the State of California is sued, service can be made on the Attorney General’s office.

Service on the Attorney General

In most circumstances, service can be performed at any of the Attorney General’s offices listed below. However, there may be times when service on the Attorney General must be made exclusively in the Sacramento office or to the designated staff members listed below. Please examine the statutes that apply to your case to ensure that you are serving the office at the proper place. 

Except as discussed below, the Attorney General has not agreed to electronic serving of summons/complaints in civil matters in accordance with the Rules of Court and other applicable statutes. Furthermore, the Attorney General has declined to accept summons/complaints in civil proceedings by facsimile.

Laws requiring service on the Attorney General

There are several statutes require that service be made on the Attorney General. Some of such statutes are given below.

  • Data Security Breach: Under the Civil Codes s. 1798.29(e) and s. 1798.82(e), California law requires a business or state agency to notify every California citizen whose unencrypted personal information, as specified, was acquired, or reasonably believed to have been acquired, by an unauthorized individual. This law now compels a business or state agency to send an electronic sample of the breach notification delivered to California citizens if the breach affected more over five hundred residents, effective January 1, 2012. The sample should not contain any personally identifiable information.

  • Under Civil Code § 2924m, the trustee or authorized agent must electronically send information to the California Attorney General within fifteen days of a foreclosure sale involving one to four residential units, if the winning bidder is an eligible bidder.

  • Notice of Bankruptcy: Debtor’s Store Closing or Going Out of Business Sales 11 USC § 101, et seq. To provide notice to the California Attorney General of a motion or other bankruptcy proceeding that seeks approval for a debtor’s store closing or going-out-of-business sales, send service to:

Consumer Protection Section, Attn: Bankruptcy Notices, California Attorney General’s Office, 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004.

  • According to Business & Professions Code Section 17508, District and City Attorneys must provide a copy of advertisement substantiation requests to the Attorney General before submitting them to the subject. The request should be made to: 

17508 Coordinator, Office of the Attorney General, Consumer Protection Section, 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102.

  • California Rules of Court 8.29(c) – Requires service on the AG when the constitutionality of a statute is challenged, when a lawsuit is filed against or on behalf of the state or a county, or when a state officer is sued in his or her official position.

 

Improper Service and Its Legal Implications

Improper service can jeopardize your case. The court may find your service invalid, causing delays in the judicial proceedings. If the court discovers that you were not purposeful enough to properly serve the legal papers, it may find in favor of the other party. Even after a judgment has been rendered, incorrect service might be used as a basis for an appeal. This can influence the outcome of your lawsuit. Furthermore, the recipient may make a motion to quash the subpoena or other court documents if they have valid reasons to allege improper service.

If the recipient files a motion challenging the validity of the service of process, the court will schedule a hearing to determine whether your serve of process was valid. They may cross-check the proof of service and other evidence to determine whether you correctly served papers. If the service is deemed to be improper, the court may mandate that you re-attempt the service using the proper means. In some situations, the verdict against you may be overturned.

You must make sure that all court documents, including subpoenas, are properly served in the appropriate manner, to the appropriate person, and at the appropriate time to prevent these repercussions. Verify that you are adhering to all applicable service of process laws in your area. Additionally, maintain accurate documentation of the procedure at all times, including any recipient responses. It’s also a good idea to get legal counsel if you’re unsure about the proper service method. 

 

Contact Us Today for Serving Legal Documents to a Government Agency!

In Pasadena, providing efficient service of process might prove to be challenging. Judiciary Process Servers offers skilled, informed Pasadena process servers, making this essential part of court cases easier to understand. You won’t have to worry about service compliance with local laws ever again. Every serve is verified by Judiciary Process Servers, so you can always be sure that the proof of service is correct and will stand up in court.

Judiciary Process Servers is a preferred choice for law firms, attorneys, and other professionals due to its dependability, promptness, and correspondence. We cordially encourage you to speak with us right now to learn more about how we can handle all your process and service needs.

You can reach out to us to learn more about how can we help you to serve legal documents on a government agency.

Note: The information provided here is not legal advice and is intended for general informational purposes. The information on this page may not represent the most recent local legislation because laws change. For the most up-to-date information, always refer to your local law and civil codes.

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Here at Judiciary Process Servers, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!

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