REQUIREMENTS FOR FILING A CERTIFICATE OF REGISTRATION AS A PROCESS SERVER
Business and Professions Code Sections 22350 – 22360 pertain to the Certificate of Registration as a Process Server. The specific code sections referenced
below are in regards to the filing requirements.
DEFINITION - Business and Professions Code Section 22350
(a) Any natural person who makes more than 10 services of process within this state during one calendar year, for specific compensation or in expectation of specific
compensation, where such compensation is directly attributable to the service of process, shall file and maintain a verified certificate of registration as a process server
with the county clerk of the county in which he or she resides or has his or her principal place of business. Any corporation or partnership that derives or expects to
derive compensation from service of process within this state shall also file and maintain a verified certificate of registration as a process server with the county clerk of
the county in which the corporation or partnership has its principal place of business.
(b) This chapter shall not apply to any of the following:
(1) Any sheriff, marshal, or government employee who is acting within the course and scope of his or her employment.
(2) An attorney or his or her employees.
(3) Any person who is specially appointed by a court to serve its process.
(4) A licensed private investigator or his or her employees.
(5) A professional photocopier registered under Section 22450, or an employee thereof, whose only service of process relates to subpoenas
for the production of records, which subpoenas specify that the records be copied by that registered professional photocopier.
LIVE SCAN - Business and Professions Code Section 22351.5
22351.5. (a) At the time of filing the initial certificate of registration, the registrant shall also submit a completed Request for Live Scan form confirming fingerprint
submission to the Department of Justice and the Federal Bureau of Investigation, in order to verify that the registrant has not been convicted of a felony. The clerk shall
utilize the Subsequent Arrest Notification Contract provided by the Department of Justice for notifications subsequent to the initial certificate of registration.
(b) If, after receiving the results of the Request for Live Scan, the clerk is advised that the registrant has been convicted of a felony, the presiding judge of the superior
court of the county in which the certificate of registration is maintained is authorized to review the criminal record and, unless the registrant is able to produce a copy of
a certificate of rehabilitation, expungement, or pardon, as specified in paragraph (2) of subdivision (a) of Section 22351, notify the registrant that the registration is
revoked. An order to show cause for contempt may be issued and served upon any person who fails to surrender a registered process server identification card after a
notice of revocation.
FILING/RECORDING FEES – Business and Professions Code Section 22352 - 22355
At the time of filing the initial certificate of registration, a registrant shall pay the following fees to the county clerk:
(a) Application filing fee $180.00
(b) Bond filing fee $25.00.
(d) Issuance of process server identification card $10.00.
(e) Bond recording fees of $9.00 for the first page, $3.00 each additional page
BOND – Business and Professions Code Section 22353
(a) A
certificate of registration shall be accompanied by a bond of two thousand dollars ($2,000), executed by an admitted surety insurer and conditioned upon
compliance with the provisions of this chapter and all laws governing the service of process in this state. The total aggregate liability on the bond is limited to two
thousand dollars ($2,000).
(b) The county clerk shall, upon filing the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the
Government Code shall be paid by the registered process server. The fee may be paid to the county clerk, who shall transmit it to the recorder.
NOTE: Process Servers refiling must provide (a) a new bond or (b) a Surety Rider and the previously recorded bond.
TERM OF REGISTRATION – Business and Professions Code Section 22354
A certificate of registration shall be effective for a period of two years or until the date the bond expires, whichever occurs first. Thereafter, a registrant shall file a new
certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 22352. A certificate of registration may be renewed up to 60
days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two
years from the effective date or until the expiration date of the bond, whichever occurs first.
IDENTIFICATION CARDS
A photo identification card is issued to a registrant at a fee of $10.00. The registrant must present photo identification and one photograph (1¼” x 1¼”) to be affixed to
the identification card issued. A new registrant will need to submit two photographs, one for the temporary and the other for the permanent identification card. A
corporation or partnership is issued one card only at a fee of $10.00. No photograph is required. The fee to replace a lost or stolen identification card is $10.00.
Rev. 02/22/18
