Becoming a process server in California is a straightforward path for individuals seeking a career in the legal support field. Process servers play a crucial role in the justice system by ensuring legal documents are officially delivered to the involved parties. This guide provides a detailed, step-by-step overview of how to register as a process server in California, based on the guidelines from California Business and Professions Code § 22350 – 22360. Keep in mind that while this information serves as a general guide, it’s always recommended to consult with your County Clerk/Recorder’s Office for the most accurate and up-to-date details, including specific fees and local requirements.
Step-by-Step Guide to Registering as a Process Server in California
To officially Become A Process Server in the Golden State, you’ll need to navigate a registration process that ensures you meet the state’s standards. The registration term for a process server in California is two years, and the process involves several key steps:
1. Complete the Registration Form
Your first step to become a process server is to obtain and complete the official registration form. This form is available at your local County Clerk/Recorder’s Office. It’s important to get the form directly from this office to ensure you have the correct and current version. Fill out all sections of the form meticulously, but importantly, do not sign it yet. You must sign the form in the presence of the County Clerk.
2. Get Fingerprinted
Fingerprinting is a mandatory step to become a process server in California. This process is crucial for verifying that applicants have not been convicted of a felony, ensuring the integrity of the profession. If a registered process server is later convicted of a felony, their registration may be revoked following a review by the presiding superior court judge, especially if there’s no certificate of rehabilitation, expungement, or pardon.
There are two primary methods for fingerprinting, and the acceptability of each can vary by county. It’s essential to check with your County Clerk/Recorder’s Office to confirm which method is accepted in your specific county.
FD-285 Fingerprint Cards
This traditional method requires two FD-285 fingerprint cards. One card is submitted to the Department of Justice (DOJ), and the other to the FBI for background checks. Typically, you can get fingerprinted at your local police or sheriff’s department. Appointments might be necessary, so it’s advisable to call ahead. Remember to bring a valid photo ID with you. While the fingerprinting fee at the law enforcement agency is usually nominal, you’ll need to pay background service fees of $56.00 for the DOJ and FBI when you register at the Clerk/Recorder’s Office and submit your fingerprint cards.
Live Scan
Live Scan is a digital fingerprinting method that has become increasingly popular and may be the only accepted method in some counties. To use Live Scan, you’ll need to complete a “Request For Live Scan” form. Similar to FD-285 cards, law enforcement agencies usually conduct Live Scans, and appointments might be required. Bring a valid photo ID to your appointment. Once your fingerprints are taken, they are electronically transmitted to the DOJ and FBI along with your background information. Unlike the FD-285 method, you won’t physically carry fingerprint cards to the Clerk/Recorder. Instead, you’ll bring a copy of your completed and signed “Request For Live Scan” form, signed by the law enforcement personnel who performed the Live Scan. The fee for Live Scan is approximately $75.00, which includes the fingerprinting fee charged by the law enforcement agency, as well as the $56.00 DOJ and FBI background check fees. This fee is paid at the time of fingerprinting.
3. Obtain a Surety Bond
A crucial requirement to become a process server is obtaining a $2,000 surety bond. This bond protects clients and the public and is a standard part of the registration process. You will need to contact an insurance or surety company to purchase this bond. Ensure the bond is valid for the entire two-year term of your process server registration. The effective date of the bond and the registration term dates must align, so plan this step carefully, especially considering potential waiting times for fingerprinting appointments. The cost for a $2,000 surety bond is typically around $50.00. It’s important to note that a surety bond is different from an errors and omissions insurance policy. Consult with your insurance company if you need clarification on the differences. You can choose any reputable bonding or insurance company to obtain your surety bond.
4. Passport Photographs
You will need to provide two identical passport-style photographs (2” x 2”) as part of your registration to become a process server. These photos are used for identification purposes and will be part of your official registration documents. Ensure the photos are recent and meet passport photo specifications.
5. Pay the Necessary Fees
There are several fees associated with registering to become a process server. The base registration fee is $134.00. However, it’s important to be aware that some counties may charge higher fees, so verifying the exact amount with your County Clerk/Recorder’s Office is essential. Additionally, there’s a recording fee for the bond, which is approximately $3.00. If you opted for FD-285 fingerprint cards, remember to pay the $56.00 DOJ and FBI background check fees at the time of registration, if you haven’t paid them already. Be prepared to pay all applicable fees when you submit your registration documents.
Finalizing Your Registration
Once you have completed all the steps outlined above – obtained and completed the registration form, gotten fingerprinted, secured your surety bond, obtained passport photos, and prepared to pay the fees – you are ready to finalize your registration. Appear in person at the County Clerk’s office to submit your registration form (signed in the clerk’s presence), your fingerprint cards (FD-285) or Live Scan form, your surety bond, and passport photos. Don’t forget to bring valid photo identification for verification.
Each county in California may have slightly different procedures, forms, and fees. Therefore, always consider this guide as a general summary. Contacting your County Clerk/Recorder’s Office directly is crucial to ensure you have all the specific information and materials needed to successfully become a process server in your county. By following these steps and staying informed about local requirements, you’ll be well on your way to starting your career as a process server in California.
