Celebrating 10 years! 2007-2017

California Proof of Service

Do attorneys sign these, or do their secretaries sign them? jeffm03/15/17
Secretaries generally, as they are the ones doing the mailin 2breedbares03/15/17
Secretaries sign them, unless it's a solo attorney without s guyingorillasuit03/15/17
Technically, they're not even supposed to be signed and sign trickydick03/15/17
jeffm (Mar 15, 2017 - 3:37 pm)

Do attorneys sign these, or do their secretaries sign them? What is the common practice?

Reply
2breedbares (Mar 15, 2017 - 3:44 pm)

Secretaries generally, as they are the ones doing the mailing. But I have signed POS myself. I wouldn't say it's uncommon for an attorney, especially a solo, to sign the POS.

Reply
guyingorillasuit (Mar 15, 2017 - 3:57 pm)

Secretaries sign them, unless it's a solo attorney without staff.

Reply
trickydick (Mar 15, 2017 - 5:46 pm)

Technically, they're not even supposed to be signed and signing a proof of service before first mailing it out is tantamount to perjury.

CCP § 1013(b) states: “The copy of the notice or other paper served by mail pursuant to this chapter 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 is one of many court rules attorneys break all the time and no one cares about.

That said, it's convention for the secretary to sign it but I usually just sign it myself because I can never find that b**** when I need her. And I know that other attorneys who see my signature on the proof of service think less of me because of it.

Reply
Post a message in this thread