Civil Process Service Rules in Gated Communities
California’s law, which was enacted in 2015 and strengthened in 2017, ensures that those gates behind which a certain kind of defendant or witness lives, are not a barrier to the due process of law.
He who may think himself safe from process service in their gated community has a surprise coming.
HUNTINGTON BEACH, CA, UNITED STATES, March 29, 2018 /EINPresswire.com/ -- Private investigator John A. DeMarr, P.I., announces a new program for serving legal papers in California, on individuals who live in gated communities. This can get complicated, if the target of the legal papers lives behind gates. This is especially true, if the gates are manned by security guards. But he who may think himself safe from process service in their gated community has a surprise coming.
“These rules can come as a shock to defendants and witnesses who think they are safe from the normal process of our courts,” says Mr. DeMarr.
California Code of Civil Procedure § 415.21 provides:
(a) Notwithstanding any other law, any person shall be granted access to a gated community for a reasonable period of time for the sole purpose of per-forming lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of the following:
1) A badge or other confirmation that the individual is acting in his or her capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender; (OR)
2) Evidence of current registration as a process server.
This law means that both civil process servers and law enforcement, upon proper identification, must be granted reasonable access to a gated community, to serve process on defendants, witnesses and respondents in all kinds of lawsuits, both civil and criminal.
Civil process servers play an important role in our legal system, ensuring that individuals named in a lawsuit or subpoena get actual notice of the legal proceeding pending against them. California’s law, which was enacted in 2015 and strengthened in 2017, ensures that those gates behind which a certain kind of defendant or witness lives, are not a barrier to the due process of law.
John A. Demarr, Private Investigator’s new statewide financial investigation program provides important new tools for creditors owed money; for financial institutions and insurance companies; and, perhaps most importantly, to injured plaintiffs across California.
Questions? To learn more: www.demarr.com.
John DeMarr
John A DeMarr, P.I.
877 493 3463
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