SECTIONS 684.110-684.140 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 684.110-684.140

684.110. (a) Subject to subdivisions (b), (c), and (d), if a writ,
notice, order, or other paper is required to be personally served
under this title, service shall be made in the same manner as a
summons is served under Chapter 4 (commencing with Section 413.10) of
Title 5.
(b) If the paper is required to be personally served under this
title and service on an attorney is required under Article 1
(commencing with Section 684.010), service shall be made on the
attorney in the manner provided in Section 684.040.
(c) If the service is on (1) a financial institution, (2) a title
insurer (as defined in Section 12340.4 of the Insurance Code) or
underwritten title company (as defined in Section 12340.5 of the
Insurance Code), or (3) an industrial loan company (as defined in
Section 18003 of the Financial Code), service shall be made at the
office or branch that has actual possession of the property levied
upon or at which a deposit account levied upon is carried and shall
be made upon the officer, manager, or other person in charge of the
office or branch at the time of service.
(d) Subject to subdivision (c), if a levy is made by personally
serving a copy of the writ and notice of levy on a third person,
service on the third person shall be made in the same manner as a
summons may be served under Section 415.10 or 415.20.

684.120. (a) Except as otherwise provided in this title, if a writ,
notice, order, or other paper is to be served by mail under this
title, it shall be sent by first-class mail (unless some other type
of mail is specifically required) and shall be deposited in a post
office, mailbox, sub-post office, substation, mail chute, or other
like facility regularly maintained by the United States Postal
Service, in a sealed envelope, with postage paid, addressed as
follows:
(1) If an attorney is being served in place of the judgment
creditor or judgment debtor as provided in Section 684.010 or
684.020, to the attorney at the last address given by the attorney on
any paper filed in the proceeding and served on the party making the
service.
(2) If any other person is being served, to such person at the
person's current mailing address if known or, if unknown, at the
address last given by the person on any paper filed in the proceeding
and served on the party making the service.
(3) If the mailing cannot be made as provided in paragraph (1) or
(2), to the person at the person's last known address.
(b) Service by mail is complete at the time of deposit; but,
unless the court prescribes a shorter period of time, any prescribed
period of notice and any right or duty to do any act or make any
response within any prescribed period or on a date certain after a
paper is served by mail is extended:
(1) Five days if the place of address is within the State of
California.
(2) Ten days if the place of address is outside the State of
California but within the United States.
(3) Twenty days if the place of address is outside the United
States.
(c) The writ, notice, order, or other paper served by mail under
this section shall bear a notation of the date and place of mailing
or be accompanied by an unsigned copy of the affidavit or certificate
of mailing. This subdivision is directory only.

684.130. (a) If the levying officer is required by any provision of
this title to serve any writ, order, notice, or other paper on any
person, the judgment creditor shall include in the instructions to
the levying officer the correct name and address of the person. The
judgment creditor shall use reasonable diligence to ascertain the
correct name and address of the person.
(b) Unless the levying officer has actual knowledge that the name
or address included in the instructions is incorrect, the levying
officer shall rely on the instructions in serving the writ, order,
notice, or other paper on the person.

684.140. If a provision of this title provides for service by the
levying officer of an order, notice, or other paper that runs in
favor of a particular person, personal service of the paper may be
made by the person or the person's agent if the levying officer gives
permission. The levying officer's permission may be evidenced by a
certificate signed by the levying officer. This section does not
authorize the levying officer to give permission to serve a writ or
notice of levy. If service is made by a person or the person's agent
pursuant to this section, the cost of the service is not a
recoverable cost. Nothing in this section limits the authority of a
registered process server provided in this title.