As stated in our article “CalPERS Joinder Overview”, after a joinder is filed with the court and served on CalPERS, a proof of service is completed and filed with the court. Below is some general information about the proof of service on joinder for CalPERS.
What information is on the Proof of Service of Joinder: All proof of services of a Joinder filed in California usually include, but are not limited to, the following: The name of the documents that were served on CalPERS, The method of service (personal, mail, substituted…..), The date and time of the service, details about the person who served the documents. The proof of service is always dated and signed by the person who served the documents to confirm that all the information provided was true and correct. Our team always insures we include all required information on the proof of service of joinder. It provides added piece of mind for our clients.
Who completes the proof of service of Joinder: The proof of service is usually completed by the person who completed the serve but is not a requirement. As long as the information provided is true and correct and the person who completed the serve date and signs, the proof of service can be completed by anyone. An example of this may be where a process server who completes the serve and signs the proof, but has their office staff complete the proof of service for them to sign. In some cases, a registered process server or law enforcement agency completing the serve may require the party to complete the proof of service and provide it to them for signing. Since we provide the process serve for all our clients, our team completes your proof of service for the court.
Variations of Proof of Services: Not all courts in California process joinder “Summons – Joinder” FL-375 the same way. This has an effect on how the proof of service is filed after CalPERS is served. Some courts will “Issue” the summons on CalPERS by stamping a court seal in the lower left hand of the document when the papers are first presented to the court. The court does not stamp the top right corner indicating that the document has been filed. In this example, page 2 of this same form, can be used for the proof of service. It is file stamped when page 2 is completed and the entire document is brought back to the court. Other courts both issue a Summons – Joinder by providing the court seal in the lower left of the FL-375, at the same time it is “File-Stamped”. When this happens, the proof of service on page 2 of the Summons – Joinder cannot be used alone as the document has already been “filed”. In these cases a proof of service is usually provided on pleading paper, usually with a cover sheet to satisfy the court.
Proof of Service of Joinder on FL-375: Page 2 of the summons is a proof of service form. The details of the serve is provided, then dated and signed by the person who served the documents on CalPERS. FL-375 is returned to the court for filing. Our full service solution always includes completing your proof of service.
Proof of Service with Cover Sheet or on Pleading: If the summons – joinder has been filed page one cannot serve as a cover sheet for the proof of service to be filed. One option is to complete page 2 of the FL-375 and then use a general family law cover sheet indicating the document attached (proof of service) is being submitted for filing. Some legal offices will just omit page 2 of the FL-375 and draft a proof of service on pleading to be filed. Both are typically accepted at all courts in California. Should the court require a proof of service with cover sheet or on pleading our team has you covered. We have been completing proof of service documents in many court approved formats since 1996.
Where is the Proof of Service of Joinder on CalPERS Filed: A completed proof of service will be filed with the family law clerk at the courthouse where the family law case is located. An original and at least one copy should be taken. The court will keep the original and will return a filed stamped copy for proof that the court processed the document. In many counties in California, the family law courts offer fax filing in which the document can be faxed/emailed in and the court will return a file stamped copy by either email/fax or mail. Our team, no matter what court in California processed your family law case, will make sure your proof of service is filed for you.
Who files the Proof of Service of Joinder on CalPERS: A proof of service can be filed by anyone. Whether you stand in line, mail in the document, or fax it to the court, anyone can complete this task. When using a process server to serve the joinder, check to see if they include filing the proof as not all process servers include this. For our clients, our team ALWAYS includes filing the proof of service at the court. This saves our clients time and hassle as well as being assured it was done correctly.
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