LA County Information

County of Los Angeles
Department of Consumer Affairs
New Consumer Laws 2008

DCA
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PROCESS SERVERS HAVE TO MEET STRICTER SERVING REQUIREMENTS

Code of Civil Procedure Sections 488.080, 512.030, 699.080, AB 859

Existing law requires registered process servers who serve writs of attachments and writs of execution to file the following documents with the levying officer within five days after performing the levy:

  • The writ of attachment or execution
  • An affidavit of the registered process server stating the manner of levy performed
  • Proof of service of the copy of the writ and notice of attachment on other persons
  • Instructions in writing

This new law changes the title of the "affidavit" to "proof of service." The bill also specifies that the required documents for writs of attachment and execution must be filed within five court days after performing the levy.

Existing law provides that prior to a hearing on a noticed motion for a writ of possession, the defendant shall be served with the following documents:

  • A copy of the summons and complaint,
  • A notice of application and hearing,
  • A copy of the application and any affidavit in support thereof

Existing law provides that if a defendant has not appeared in an action for a writ of attachment, and a writ, notice, order, or other paper is required to be personally served on the defendant, service shall be made in the same manner as a summons is served.

Existing law provides that if a writ, notice, order or other paper is required to be personally served in order to enforce a judgment, service shall be made in the same manner as a summons is served.

This new law provides that if a defendant has not appeared in an action for a writ of possession, and a writ, notice, order, or other paper is required to be personally served on the defendant, service shall be made in the same manner as a summons is served.

May be reprinted for non-commercial use if a credit line is included acknowledging the County of Los Angeles Department of Consumer Affairs.

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For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
web site: dca.lacounty.gov