Process Server Policy
Adams Stirling PLC
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POLICY REGARDING PROCESS SERVERS

As provided for in Civil Code §415.21, process servers shall have access to the property for the purpose of serving legal papers on residents. To that end, the following policy has been adopted by the Board of Directors:

1.  Identification of Process Server. Before being allowed entry, a process server must: (i) identify the person he/she intends to serve, (ii) display a driver's license or other identification, and (iii) provide evidence showing that he/she is a Sheriff, Marshal, registered process server or licensed private investigator.

2.  Hours of Service. The hours during which a process server may enter the property shall be 7:00 a.m. to 11:00 p.m.

3. Notification of Resident. Security will call the resident whenever a process server has been given entry. This is so the resident does not become frightened by an unannounced stranger knocking on their door and serving them with papers. In keeping with the statutory provision, the Association will let the process server onto the property even if the resident demands otherwise. Also, Security will notify the resident even if the process server demands the resident not be notified.

4. Escorting Process Server. Providing access to a process server does not mean he/she is free to roam the property. Depending on the availability of personnel, it will be the Association's policy to escort the process server directly to the resident's door. If the resident does not answer the door, the process server will then be escorted off the property

5. No Offer to Accept Service. If the process server is not successful in serving the resident, the Association's personnel will not offer to accept the papers on behalf of the resident. If the process server tries to give the papers to the employee, they will be refused.

6. Documents Forwarded to Resident. If, despite the Association's refusal to accept the papers, the process server drops the papers on the ground in front of the employee, the papers will be mailed to the resident along with a letter by first class mail. A copy of the letter and the papers will then be put in the resident's file. The Association will take no position regarding the validity of the attempt to substitute service on the Association. However, the documents will be forwarded to the resident so as not to impair the resident's rights. The resident can dispute with the court the validity of the service.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC