Process Server             

Process servers deliver legal documents to individuals involved in a court proceeding.

Any person, corporation, or partnership whose principal place of business is in Modoc County and who makes more than 10 services of process within this state during one calendar year for compensation must file and maintain a verified certificate of registration as a Process Server with the Modoc County Clerk.  Laws concerning process servers are outlined in the California Business and Professions Code (BPC 22350-22360).

According to state law, process servers:
  • Must be at least 18 years of age
  • Cannot have a felony conviction
  • Cannot be a party to the action in which they are serving process (i.e., Plaintiff, Defendant, Petitioner, Respondent)
  • Must perform their duties in compliance with provisions of state and local laws governing the service of process
  • Must register with the County Clerk of the county in which they reside or have their principal place of business
Persons exempt from registration are the following:
  • Any sheriff, marshal, or government employee who is acting within the course of their employment
  • An attorney or their employees when serving process related to cases for which the attorney is providing legal services
  • Any person who is specially appointed by a court to serve its process
  • A licensed private investigator or their employees
  • 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
Registration Process

To register as a process server in Modoc County, you must appear in-person at our office and:
  • Get fingerprinted using a Request for Live Scan Service issued by this office and taken to one of the following agencies to be completed BEFORE registration:
    • Modoc County Sheriff's Office: 102 S. Court Street, Alturas: 
    • Alturas Police Department: 200 W North Street, Alturas;
  • Present valid photo identification (Driver’s License, Passport, or Military I.D)
  • Present a process server bond of $2,000 in the name of the person, corporation, or partnership that is registering
  • Provide two photos – size 1” X 1 ½“ to be used on the identification card
  • Complete an application form
  • Pay the appropriate fees
All information is verified for correctness.  A registration number will be assigned.  The certificate is valid for two (2) years. 
NOTE: If the Individual or Company has previously been filed as a Process Server; that same number will be issued ONLY if the filing has NOT EXPIRED. 

For those who are required to submit fingerprints for background checks, a temporary ID card, valid for 120 days, will be issued until the clearance is received from the FBI & DOJ.  Once clearance has been granted, the permanent 2-year ID card may be picked up in person or mailed to the applicant.

 
Applications are accepted Monday through Friday, between the hours of 9:00 a.m. and 4:30 p.m. The process takes 20 to 30 minutes.  Payment may be made by cash, checks, or money orders made payable to Modoc County Clerk.  Credit or debit cards include a small convenience fee.
 
Fees
  • Process Server Registration: $110.00 (includes ID card)
  • A filing fee of bond: $7.00
  • Duplicate ID Card: $10.00