Process Server
A Process Servier is any 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, shall file a 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 a 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.
Persons Exempt From Registration
  • Any sheriff, marshal, or government employee who is acting within the course of his or her employment.
  • An attorney or his or her employees.
  • Any person who is specially appointed by a court to serve its process.
  • A license private investigator or his or her employees.
To Register as a Process Server
  • Two completed copies of the process server registration form. Process Server Application
  • Live Scan fingerprint records for each registrant on the form. The Solano County Sheriffs Department conducts fingerprinting on Tuesdays and Wednesdays by appointment only. Please contact them at (707) 421 -7000 if you wish to schedule an appointment. Please specify that you need live scan fingerprinting
  • Process Server bond in the amount of $2000.00 in the name of the person, partnership or corporation that is registering.
  • Pay all process server application fees (schedule of fees)
  • Submit all forms and fee payments by mail or in person at the County Clerks Office.
Note: Staff members will no longer be authorized to serve under their employer's process server registration. All staff members who serve 10 or more services per year will be required to register as a natural person in order to be in compliance with sections §22350 - §22356 of the California Business & Professions code.

Office hours are 8:00a.m. to 4:00 p.m. however in order to have your bond recorded you will need to be at our office no later than 3:00 p.m. Please allow at least 30 minutes to process your registration.

EXCERPT FROM THE CALIFORNIA BUSINESS & PROFESSIONS CODE

Definition of a Process Server

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.

22351.
(a) The certificate of registration of a registrant who is a natural person shall contain the following:

(1) The name, age, address, and telephone number of the registrant.
(2) A statement, signed by the registrant under penalty of perjury, that the registrant has not been convicted of a felony; or, if the registrant has been convicted of a felony, a copy of a certificate of rehabilitation, expungement, or pardon.
(3) A statement that the registrant has been a resident of this state for a period of one year immediately preceding the filing of the certificate.
(4) A statement that the registrant will perform his or her duties as a process server in compliance with the provisions of law governing the service of process in this state.

(b) The certificate of registration of a registrant who is a partnership or corporation shall contain the following:

(1) The names, ages, addresses, and telephone numbers of the general partners or officers.
(2) A statement, signed by the general partners or officers under penalty of perjury, that the general partners or officers have not been convicted of a felony.
(3) A statement that the partnership or corporation has been organized and existing continuously for a period of one year immediately preceding the filing of the certificate or a responsible managing employee, partner, or officer has been previously registered under this chapter.
(4) A statement that the partnership or corporation will perform its duties as a process server in compliance with the provisions of law governing the service of process in this state.

Fingerprint Scans

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 Fee

22352.
At the time of filing the initial certificate of registration, a registrant shall pay the following fees to the county clerk:

(a) A fee of one hundred dollars ($100).
(b) A fee to cover the actual costs of processing the completed fingerprint cards when submitted with the initial certificate of registration.
(c) A fee to cover the actual cost of issuing a registered process server identification card.

Need For Filing a Bond

22353.
(a) A certificate of registration shall be accompanied by a bond of two thousand dollars ($2,000) which is 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). As an alternative to the bond, the registrant may deposit with the clerk, cash or money order in the amount of 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 professional process server. The fee may be paid to the county clerk, who shall transmit it to the recorder.
(c) The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7).
(d) The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for the notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder.

Term of Registration

22354.
A certificate of registration shall be effective for a period of two years. Thereafter, a registrant shall file a new certificate of registration and pay the fee required by Section 22352.

Maintenance By County Clerk: Renewal

22355.
(a) The county clerk shall maintain a register of process servers and assign a number and issue an identification card to each process server. Upon renewal of a certificate of registration, the same number shall be assigned, provided there is no lapse in the period of registration.
(b) The identification card shall be a card 33/8 inches by 21/4 inches and shall contain at the top the title, "Registered Process Server," followed by the registrant's name, address, registration number, date of expiration, and county of registration. In the case of a natural person, it shall also contain a photograph of the registrant in the lower left corner.

Responsibility of Registrant

22356.
A registrant shall be responsible at all times for the good conduct of his or her employees acting within the course or scope of their employment, and any person acting as an independent contractor within the course or scope of the agency relationship with the registrant.