A Summons is the process used by the court to obtain jurisdiction
in a dissolution, annulment or legal separation lawsuit. The Summons
also includes a temporary restraining order that restrains the
parties from removing minor children and transferring community
property.
Due to a large volume of process, allow the Sheriff a minimum of
two weeks to make a diligent effort to effect service. Usually,
three attempts at service will be made, one of which will be in the
evening if necessary. If the Sheriff cannot effect service after
three attempts or it is determined that the respondent does not live
or work at the address, a Not Found fee will be assessed and the
process returned to the plaintiff with a Certificate of Not Found/No
Service explaining the reason for non-service. If service is
successful, a Proof of Service is mailed to petitioner indicating
the date and time of service.
The Sheriff provides a cost effective, credible service and
successfully serves most defendants. However, the case is civil in
nature and the Sheriff cannot utilize criminal investigative tactics
such as stakeouts or computer inquiries (DMV, arrest records, etc.)
to serve process. If it is immediately apparent that the defendant
may be evading service, the Sheriff will No Service the process,
refund the fee deposit and return the documents to the plaintiff. In
this event, the services of a registered process server or a person
over the age of 18 years who is not a party to the action should be
considered.