A: For many of our clients, this is all new. We are here to help and will answer your questions or suggest a resource if necessary. Sterling Madison (formerly T&B Legal Service) has been serving the legal community since 1973. Our staff is experienced, professional, and ready to assist you. Contact Us

Q: I have never used a server before. How do I know the right one to go with?

A: It is important to know the right questions to ask when you are interviewing a process serving company. Does the company have an office? If the server is out in the field, who will take my calls and address my concerns? How many years of experience? Are the servers registered and bonded?

Q: Do you guarantee you will get my paper served?

A: We guarantee that our servers will diligently attempt a paper. We guarantee that we will work on a service until we run out of time for service. We will advise a client to reset a hearing whenever practical to give the maximum amount of time to serve the paper. However, a reputable process serving company cannot guarantee every paper is going to be served. An address could be bad because the party has moved as an example. We are readily familiar with laws governing the service of process and know the best ways to achieve success out in the field. We work with our clients to get the job done and done right.

Q: What information do you need from me to get started with a serve?

A: We will need to ask you a short list of questions to get started. Who are we serving? Where are we serving the document? When is your hearing date? This tells us a great deal about what we need to do to get your document served properly. We will need a set of the documents and instruction letter or a Sterling Madison Process Request Form to be included with your work. Contact Us

Q: How can I get the work to Sterling Madison?

A: Our office is open Monday through Friday, 9:00 AM to 5:30 PM. You may also email or fax your documents. Regular mail is also an option. Contact Us

Q: Do you take credit cards?

A: Yes. We take most major credit cards. Credit Card Authorization form.

Small Claims:

Q: I have filed a small claims paper. Now what?

A: In order to go forward with your hearing, the court will want to know that your small claims paperwork was properly served. On day of the hearing, the judge will be looking for a Proof of Service in the court’s file. This document will include the name of the party served, the date and time of service, the address where the document was served and the name of the server. Sterling Madison generates a Proof of Service after each service. We will provide you with the Proof of Service so that you may file that with the court. Contact Us for more information.

Q: How can I place an order to serve a small claims case?

A: Please provide the following to Sterling Madison in order to serve a Small Claims (Plaintiff’s Claim And Order To Defendant SC-100):

Our filled out Service of Process Request Form OR Instruction letter to Sterling Madison Company with the following information:
- Your name, address & telephone number
- Your email address if you would like electronic status notification
- The name and address of the defendant(s)
- Any known information about the defendant. Eg. Description, best hours to attempt service.
- List of the documents to be served.
Documents to be served. (Forms: California Judicial Council)
Our fee. Fee Schedule To use credit card, download our Credit Card Authorization Form

Q: When you are serving my small claims, do you need to get the defendant to sign something?

A: No. In most cases in California courts, the defendant does not need to sign any documents in order to be legally served with process. Specifically in small claims cases, we may serve an individual directly or, if time allows, we may serve an adult at the defendant’s address if the defendant is not available. This is called a subservice as is a very common way that legal documents are served in California.

Q: My small claims hearing is in 5 days. Can you serve it in time?

A: Unfortunately, no. In small claims cases, some family law matters and other civil cases with hearing dates, the law requires that party being served be given notice a specific number of days before the hearing. If the defendant and the court are in the same county: 15 days for personal service. 25 days for subservice. If the defendant and the court are in different counties: 20 days for personal service. 30 days for subservice. Please Contact Us for more information.

Q: Where can I get more information about Small Claims?

A: A great source of information about small claims court procedures is your local superior court’s website. Forms, fees, definitions of terms, preparing for the court hearing may be found on the court’s website. For Santa Clara County Superior Court, see www.scscourt.org.

Unlawful Detainer:

Q: I want to evict a tenant. What if they won’t answer the door and the documents can’t be served? Do they get to live there forever?

A: There are laws to protect landlords in cases like this. After a reasonable number of attempts to serve a Summons and Complaint in an Unlawful Detainer case, a Plaintiff may apply to the court for an order allowing for service by posting and certified mail. If completed properly, the court will consider this method of service effective and a judgment may be granted even if the defendant never answered the door to accept the legal pleading. Contact Us

Q: How can I place an order to serve an unlawful detainer case?

A: Please provide the following to Sterling Madison in order to serve an unlawful detainer action:

Our filled out Service of Process Request Form OR Instruction letter to Sterling Madison Company with the following information:
- Your name, address & telephone number
- Your email address if you would like electronic status notification
- The name and address of the defendant(s)
- Any known information about the defendant. Eg. Description, best hours to attempt service.
- List of the documents to be served.
Documents to be served. (Forms: California Judicial Council)
Our fee. Fee Schedule. To use credit card, download our Credit Card Authorization Form

In unlawful detainer cases, a common question relates to the Prejudgment Claim of Right to Possession (CP10.5). In order for the sheriff to evict unknown persons who may be residing in the subject property with the named defendant(s), a Summons, Complaint and a Prejudgment Claim of Right to Possession must be served, and must be served in addition to the services on the named defendant(s). So, if you have two named defendants, there would be three services completed: Defendant 1, Defendant 2 and a set upon All Other Occupants In Possession.

Q: Where can I get more information about Unlawful Detainer Cases?

A: A good source of information about unlawful detainer procedures may be found on your local superior court’s website. Forms, fees, definitions of terms, preparing for the court hearing may be found on the court’s website. For Santa Clara County Superior Court, see www.scscourt.org.

Judgment Collection:

Q: I won my case and the defendant owes me money. Now what?

A: Many of our clients are surprised by the fact that the court does not assist with collection of money owed. Once the court has issued the judgment and the time for appeal has expired, the onus is back on the plaintiff to take action to collect. An often overlooked step is to simply write a demand letter to the defendant, so that he is on notice that you do intend to take action to collect the debt. Besides the postage stamp and your time, this is a no cost step that you may want try. If a demand for payment is ignored, there are other options available to you. Wage garnishments, bank levies and abstracts of judgment are methods to collect on a judgment and Sterling Madison is a great resource for post judgment care. Contact Us

Q: I have been told that the Sheriff won’t serve a levy. Can I serve it myself?

A: No. The law allows that only a sheriff or registered process server may serve a wage garnishment and bank levy. The process requires good knowledge of the law and attention to detail. Some process servers won’t serve writs for this reason. Sterling Madison takes advantage of our expertise and experience to provide our clients with solid information and a quality product. Contact Us

Q: I don’t know where the defendant banks and he is unemployed. Is there anything else I can do?

A: Recording an Abstract of Judgment is an option. An Abstract of Judgment will include basic information about the judgment, such as the amount and the date it was entered. The abstract also includes information about the defendant, including social security number and driver’s license number, if known. The Abstract is issued by the court where your case was heard and then taken to the County Recorder’s Office to be recorded.

A plaintiff may also opt to have a registered process server serve the defendant with an Order of Examination If properly served, the defendant would be required to appear in court for questioning about his or her financial history. Contact Us

Q: How can I place an order to serve a bank levy or third party levy?

A: Please provide the following to Sterling Madison in order to serve a bank levy or third party levy:

Instruction letter to Sterling Madison Company with the following information:
- Your name, address & telephone number
- Your email address if you would like electronic status notification
- The name and address of the defendant(s)
- The name and address of the servee. In the case of a bank levy, this is the name of the bank and branch address.
- A description of the property to be levied.
- List of the documents to be served.^*
Instruction letter to the Sheriff with the following information:
- Your name, address & telephone number
- The name and address of the defendant(s)
- The name and address of the servee. In the case of a bank levy, this is the name of the bank and branch address.
- A description of the property to be levied.
- A statement that you are authorizing Sterling Madison Company to serve the levy.^*
The original, issued Writ of Execution (EJ-130). (Forms: California Judicial Council)
Our fee of $165.00 for most counties, and in cases where there is 1 defendant. Please call (408-295-3300) to confirm.
The Sheriff’s Fee. Currently, $35.00 for bank or third party levy.

^* If you have any questions regarding the contents of either letter, please call the office (408-295-3300). It is important that the letters be correct from the onset.

Bank levy/third party levy instruction: Once we have received the instruction letters, the original issued writ and fees a file will be opened with the sheriff, the appropriate documentation prepared, the institution served, the defendant served and proofs of those services will be filed with the Sheriff’s Department.

Q: How can I place an order to serve an Earnings Withholding Orders (for wage garnishments)?

A: Please provide the following to Sterling Madison in order to serve an Earnings Withholding Order (EWO):

Instruction letter to Sterling Madison Company with the following information:
- Your name, address & telephone number
- Your email address if you would like electronic status notification
- The name and address of the defendant(s)
- The name and address of the employer where we are serving the Earnings Withholding Order.
An original, signed Application For Earnings Withholding Order (WG-001). (Forms: California Judicial Council)
The original, issued Writ of Execution (EJ-130). (Forms: California Judicial Council)
Our fee of $150.00 for most counties. Please call to confirm.
The Sheriff’s Fee. Currently, the fee for an Earnings Withholding Order is $30.00.

Earnings Withholding Order instruction: Once we have received the instruction letter, the original, signed Application, the original issued writ and fees a file will be opened with the sheriff, the appropriate documentation prepared, the employer served and a proof of service will be filed with the Sheriff’s Department.

Family Law:

Q: Where can I get information about Family Law Cases?

A: A good source of information about family law forms and procedures may be found on your local superior court’s website. Forms, fees, definitions of terms may be found on the court’s website. For Santa Clara County Superior Court, see www.scscourt.org. Santa Clara County has a self-help center at a number of court branches.

Q: What Family Law Services do you provide?

A: At Sterling Madison we provide the following family law services:

Serving family law matter: A dissolution or divorce service set usually includes a Summons ( ), Petition ( ) and a blank Response ( ). The court may also provide case management and dispute resolution documents as the time of filing of the new case. Those must also be served upon the Respondent. This serve may be sub served after diligence or personally served.

Order to Show Cause service: This is a common type of service in family law cases and used often for matters involving custody, visitation and support. It must be personally served and must be served 16 court days in advance of the hearing (excluding court holidays and weekends). Sometimes the court will make other service requirements, but 16 court days is typical.

Other documents for service: Because of the variety of services in a family law, it is better for us to take each matter case by case and discuss with you directly.