26660. As used in this title: (a) “Process” includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. (b) “Notice” includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. (Added by Stats. […]
26661. When process or notices are returnable to another county the sheriff may enclose the process or notice in an envelope, addressed to the officer from whom it emanated, and deposit it in the post office prepaying postage. (Added by Stats. 1947, Ch. 424.)
26662. The return of the sheriff upon process or notices is prima facie evidence of the facts stated in the return. (Added by Stats. 1947, Ch. 424.)
26663. Any sheriff who does not return a process or notice in his or her possession, with the necessary endorsement thereon, without delay is liable to the person aggrieved for all actual damages sustained by him or her. (Amended by Stats. 1996, Ch. 120, Sec. 3. Effective January 1, 1997.)
26664. Any sheriff who neglects or refuses to perform the duties under a writ of attachment, execution, possession, or sale, after being required by the creditor’s attorney of record or, if the creditor does not have any attorney of record, by the creditor and after the sheriff’s fees have been paid or tendered, is liable […]
26665. All writs, notices, or other process issued by superior courts in civil actions or proceedings may be served by any duly qualified and acting marshal or sheriff of any county in the state, subject to the Code of Civil Procedure. (Amended by Stats. 2002, Ch. 784, Sec. 171. Effective January 1, 2003.)
26666. (a) Notwithstanding any other law, a marshal or sheriff, including their department or office, shall comply with this section for service of process and notice. As used in this section, “notice” has the same meaning as defined in Section 26660. (b) A marshal or sheriff, including their department or office, shall accept an electronic signature and […]
26666.10. (a) On or before January 1, 2024, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office. (b) A marshal or sheriff, including their department or office, shall […]
26666.2. Except for the following criteria, a marshal or sheriff, including their department or office, shall not review the substance of a summons, order, or other notice: (a) The applicable form or forms described in Section 26666.10 are present and required sections, if any, are complete. (b) A case number appears on the summons, order, or other […]
26666.5. (a) A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described in Section 26666.10, and of a summons, order, or other notice to be served in any case in which the court has granted a fee waiver by an order on […]
