06 Sep 2022

Frequently Asked Questions About Serving Court Documents

Reasons for being served papers?

A process server would only serve you documents because someone is suing you or you are a party in a legal proceeding.

This could be because of any of the following reasons:

  • A divorce
  • Child support
  • Small claims matter
  • Cease and desist letter
  • Request for payment
  • Or any other legal matter.

The process server’s job is to find you and serve you the legal documents, giving you notice of the legal action.

What happens if you never get served court papers?

It would be best if you didn’t try to avoid being served court papers purposely. 

If you don’t receive the court documents, or you don’t get them on time, you won’t be able to file an Answer by the deadline. As a result, The plaintiff will ask the court for a default judgment.

Can someone else accept served papers?

Papers must be “served” on any other person who is involved in the law suit or who the law requires get the papers. Many states require that this person be approved by the court.
After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers. The Proof of Service form must be filed with the court.

How to serve someone who is avoiding service?

In California, a person is served when they officially receive the papers.
But what happens if you are unable to serve the documents because the other party is avoiding you or avoiding being served?

It’s highly recommended that you hire a process server, this is a professional who is qualified and experienced with the legal procedures for serving court documents. Read more below to learn more about a server of the process.

If a copy of the legal papers can’t be delivered to the named defendant,
a summons may be served by leaving a copy with a competent person in the household, place of work, or business – even if they are not a party to the action.

Can you refuse to be served papers?

No, in California, a person cannot refuse to accept service. If he avoids the process server altogether, he/she is risking the court may enter a default judgment.

What’s is a process server?

A service of process, or simply known as process service, is a legal procedure in the United States, which declares all parties must be notified when facing legal action against them in a court of law or an administrative court. Process service is accomplished through the delivery of a set or series of documents describing the legal action. Examples of documents that comprise service of process include summonses, complaints, subpoenas , writs, and other court documents. These documents are delivered to the individual whom the legal action is directed by a process server. Service of process must be served by an individual who is not a party to the case.

The Active Legal is an experienced process server in San Diego, and North County. We are committed to our clients by offering an array of legal services in a fast, accurate, and efficient manner.

09 Feb 2022

6 Tips to help you get a friendly divorce

I can’t stand it anymore! I’m getting divorced! Before reaching this decision and starting the divorce proceedings, it is crucial to reflect on the reasons why you want a divorce. Sometimes, couples therapy helps to avoid marital breakdowns.

1. Focus on the present and future, without looking for blame

While you are having a bad time, it is challenging to think about today and tomorrow, especially if the breakup has been traumatic. However, continually stirring up the past and looking for blame for the divorce does not lead to anything. It does not provide a constructive solution to the problem.

2. Give in sometimes so that you can gain peace of mind

To have a divorce without problems, you have to know how to give in and be clear that not all battles are going to be won. For this reason, you have to prioritize and fight only the essential battles.

3. Mutual agreement divorce: it is always the best option

Getting a divorce by mutual agreement is the best option. This favors a climate of dialogue and makes it easy and quick to divorce. Even more so in the event that there are children, since a more favorable environment is created and, in addition, it allows the new situation to be assumed better and more quickly.

4. Take a realistic look at your financial situation

The separation and distribution of assets is always a sensitive issue in case of separation. Therefore, it is very convenient to make a detailed and realistic list with all the shared finances (accounts, debts, etc.), as well as the economic needs that will be had later.

5. Have all the documentation in order

A divorce process requires several procedures, which implies having many documents in order. When more “paperwork” is arranged, the work of the lawyers who are in charge of the process will be easier.

8. Use good professionals: lawyers, mediators, and a service of process company

For the divorce to be a success, it is important to surround yourself with competent and prepared professionals. You have to listen to them, let yourself be guided by them -they are not emotionally involved and can see the situation more clearly- and not generate false expectations. Consider divorce mediation, the work of the mediators is also very important. They always try to make the two parties win without there being a loser.

Contact The Active Legal today to get help with filing and servign the divorce papers. While getting a divorce is one of the most challengin situations in your life. We have years of service of process experience in San Diego and are ready to serve your needs.

01 Nov 2021

How to serve legal documents in California?

What Is Service?

The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court.

“Service of court papers” means that the other side must get copies of any paper you file with the court.  In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side.  The person who does this is called the “server” or “process server.”

Personal Service
“Personal service” means that someone – NOT a party to the case – must personally deliver the court documents to the other side.

In “personal service”:

  • The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.
  • The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.
    • If the party being served does not want to take the papers, they can be left on the ground in front of him or her.  If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.
  • The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served. The server signs the proof of service and returns it to you to file in court.
  • Personal service is complete the day the papers are served.

“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.”

Since it is the most reliable, “personal service” is valid in all types of case.  Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.

Serving Court Documents

Serving papers on another person is an official handing over of documents. Papers must be “served” on any other person who is involved in the law suit or who the law requires get the papers.

This lets the person(s) in the case know what you are telling the court and what you are asking the court to do.

If the papers are not served in the correct way at the correct time, the court cannot go forward with the case.

A person is served when they officially receive the papers.

Papers which start an action (Summons, Petition, Request for Order, etc.) must be filed first and then served on the other person(s).

After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers. The Proof of Service form must be filed with the court.

Using The Active Legal to serve legal documents is easy. Start by getting informed with some of the most common questions regarding Service of Process, or call us today to hire a professional server of process in San Diego.

03 Sep 2021

Court Filing Services San Diego

Court Filing Services San Diego

Have a last-minute or same-day filing in San Diego County? Visit our website or call us for a rate. The Active Legal has you covered.

Same Day & Rush Court Filings

Our San Diego-based legal couriers are not just regular people driving to court and standing in line at a court house. Instead, the Active Legal Services staff is trained and is expected to know the basics of court procedures. This allows our same-day and rush court filing service to be as quick and efficient as possible. 

Our experience after so many years of servicing the legal sector allows us to know in advance how to solve any issues that may arise at the San Diego court, including problems with filing and fees. 

  REQUEST QUOTE   

Most Common Legal Documents We File at San Diego

We can deliver and file a wide array of different legal documents for you. Whether it be a complaint, petition, or summons, we make sure all of your documents are delivered as quickly as possible and in a safe, confidential manner.

  • Complaints
  • Petitions
  • Summons
  • Answers
  • Motions & Proposed Orders
  • Dismissals
  • Defaults

How to File Court Documents

Active Legal Services makes it easy to file your court documents whenever you need physical document filing in San Diego.

You can follow any of the following points to have Active Legal file your legal documents with the San Diego court:

  • Send us your documents via email
  • Send your documents through our website www.theactivelegal.com
  • Schedule a pickup day and time to have our courier pick up the records at your office

As part of our court filing services, we digitally store your conformed copies free of charge.

Additional Court Services

In addition to court filing, our legal service of process department can assist you with:

  • Obtaining copies of documents from court files
  • Court Research
  • Fax Filings
  • Out of county filings
  • Service of process
  • Investigations
  • Small Claims

Proof of Service

Many attorneys and law firms in San Diego, CA, trust Active Legal Services to get their court filings done quickly and accurately. Our years of experience as a preferred court filing and service-of-process company in San Diego allow us to file legal documents quickly and accurately.

You can trust us with your last-minute filing. We have a rush court filing service available that can get your documents filed the same day.

Advantages of using Active Legal Services

Trained and Experienced Legal Couriers

Each of our legal couriers is trained to be knowledgeable about court procedures.

Open 24/7

Contact Active Legal if you have a filing that has to be rushed or filed first in the morning.

Court Experience

All of our couriers are familiar with the courthouses, clerks, and legal process to expedite your legal filing in San Diego, CA.

Schedule a San Diego Court Delivery Today

Let’s work together and file your documents with a San Diego courthouse at any time. Including Family, Federal Courts, County Courts, Criminal Courts, and Civil courts. Our legal couriers have handled thousands of legal court filings cases for attorneys and individuals with a track record of excellency.