California Process Serving Laws
CCP § 415.10 Personal Service on an Individual Defendant
A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective.
CCP § 415.20 Substituted service
(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(c) Notwithstanding subdivision (b), if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the commercial mail receiving agency in the manner described in subdivision (d) of Section 17538.5 of the Business and Professions Code.
CCP § 415.21 Service on Guard at Gated Community
(a) Notwithstanding any other law, any person shall be granted access to a gated community for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in his or her capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender.
(2) Evidence of current registration as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or of licensure as a private investigator pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.
(b) This section shall only apply to a gated community that is staffed at the time service of process is attempted by a guard or other security personnel assigned to control access to the community.
CCP § 415.30 Service by Mail – Notice and Acknowledgement of Receipt
(a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender.
(b) The notice specified in subdivision (a) shall be in substantially the following form: (Title of court and cause, with action number, to be inserted by the sender prior to mailing)
NOTICE To: (Here state the name of the person to be served.) This summons is served pursuant to Section 415.30 of the California Code of Civil Procedure. Failure to complete this form and return it to the sender within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons upon you in any other manner permitted by law. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, this form must be signed in the name of such entity by you or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. Section 415.30 provides that this summons is deemed served on the date of execution of an acknowledgment of receipt of summons. _______________Signature of sender
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS This acknowledges receipt on (insert date) of a copy of the summons and of the complaint at (insert address). Date: (Date this acknowledgement is executed) Signature of person acknowledging receipt, with title if acknowledgment is made on behalf of another person (c) Service of a summons pursuant to this section is deemed complete on the date a written acknowledgement of receipt of summons is executed, if such acknowledgement thereafter is returned to the sender. (d) If the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgement form set forth in subdivision (b) within 20 days from the date of such mailing, the party to whom the summons was mailed shall be liable for reasonable expenses thereafter incurred in serving or attempting to serve the party by another method permitted by this chapter, and, except for good cause shown, the court in which the action is pending, upon motion, with or without notice, shall award the party such expenses whether or not he is otherwise entitled to recover his costs in the action. (e) A notice or acknowledgment of receipt in form approved by the Judicial Council is deemed to comply with this section.
CCP § 415.40 Service by Mail – Return Receipt – Out of State Defendant
A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.
CCP § 415.45 Service by Posting – Unlawful Detainer
(a) A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that: (1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or (2) The party to be served has or claims an interest in real property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding such party from any interest in such property.
(b) The court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at his last known address.
(c) Service of summons in this manner is deemed complete on the 10th day after posting and mailing. (d) Notwithstanding an order for posting of the summons, a summons may be served in any other manner authorized by this article, except publication, in which event such service shall supersede any posted summons.
CCP § 415.46 Service on Unnamed Occupant – Unlawful Detainer
(a) In addition to the service of a summons and complaint in an action for unlawful detainer upon a tenant and subtenant, if any, as prescribed by this article, a prejudgment claim of right to possession may also be served on any person who appears to be or who may claim to have occupied the premises at the time of the filing of the action. Service upon occupants shall be made pursuant to subdivision (c) by serving a copy of a prejudgment claim of right to possession, as specified in subdivision (f), attached to a copy of the summons and complaint at the same time service is made upon the tenant and subtenant, if any.
(b) Service of the prejudgment claim of right to possession in this manner shall be effected by a marshal, sheriff, or registered process server.
(c) When serving the summons and complaint upon a tenant and subtenant, if any, the marshal, sheriff, or registered process server shall make a reasonably diligent effort to ascertain whether there are other adult occupants of the premises who are not named in the summons and complaint by inquiring of the person or persons who are being personally served, or any person of suitable age and discretion who appears to reside upon the premises, whether there are other occupants of the premises. If the identity of such an occupant is disclosed to the officer or process server and the occupant is present at the premises, the officer or process server shall serve that occupant with a copy of the prejudgment claim of right to possession attached to a copy of the summons and complaint. If personal service cannot be made upon that occupant at that time, service may be effected by (1) leaving a copy of a prejudgment claim of right to possession attached to a copy of the summons and complaint addressed to that occupant with aperson of suitable age and discretion at the premises, (2) affixing the same so that it is not readily removable in a conspicuous place on the premises in a manner most likely to give actual notice to that occupant, and (3) sending the same addressed to that occupant by first-class mail. In addition to the service on an identified occupant, or if no occupant is disclosed to the officer or process server, or if substituted service is made upon the tenant and subtenant, if any, the officer or process server shall serve a prejudgment claim of right to possession for all other persons who may claim to occupy the premises at the time of the filing of the action by (1) leaving a copy of a prejudgment claim of right to possession attached to a copy of the summons and complaint at the premises at the same time service is made upon the tenant and subtenant, if any, (2) affixing the same so that it is not readily removable in a conspicuous place on the premises so that it is likely to give actual notice to an occupant, and (3) sending the same addressed to “all occupants in care of the named tenant” to the premises by first-class mail. The person serving process shall state the date of service on the prejudgment claim of right to possession form. However, the absence of the date of service on the prejudgment claim of right to possession does not invalidate the claim.
(d) Proof of service under this section shall be filed with the court and shall include a statement that service was made pursuant to this section. Service on occupants in accordance with this section shall not alter or affect service upon the tenant or subtenant, if any. (e) If an owner or his or her agent has directed and obtained service of a prejudgment claim of right to possession in accordance with this section, no occupant of the premises, whether or not such occupant is named in the judgment for possession, may object to the enforcement of that judgment as prescribed in Section 1174.3. (f) The prejudgment claim of right to possession shall be made on the following form:
CCP § 415.50 Service by Publication
(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either:
(1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.
(2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property.
(b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party. The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period.
(c) Service of a summons in this manner is deemed complete as provided in Section 6064 of the Government Code.
(d) Notwithstanding an order for publication of the summons, a summons may be served in another manner authorized by this chapter, in which event the service shall supersede any published summons.
(e) As a condition of establishing that the party to be served cannot with reasonable diligence be served in another manner specified in this article, the court may not require that a search be conducted of public databases where access by a registered process server to residential addresses is prohibited by law or by published policy of the agency providing the database, including, but not limited to, voter registration rolls and records of the Department of Motor Vehicles.
CCP § 415.95 Service on Business Organization, Form Unknown
(a) A summons may be served on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours with the person who is apparently in charge of the office of that business organization, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served at the place where a copy of the summons and complaint was left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(b) Service of a summons pursuant to this section is not valid for a corporation with a registered agent for service of process listed with the Secretary of State.
CCP § 416.10 Personal Service on a Corporation
A summons may be served on a corporation by delivering a copy of the summons and of the complaint:
(a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105 or 2107 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code as in effect on December 31, 1976 with respect to corporations to which they remain applicable);
(b) To the president or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process;
(c) If the corporation is a bank, to a cashier or assistant cashier or to a person specified in subdivision (a) or (b); or
(d) When authorized by any provision in Section 1701, 1702, 2110 or 2111 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code as in effect on December 31, 1976, with respect to corporations to which they remain applicable), as provided by such provision.
CCP § 416.20 Personal Service on a Corporation that has Forfeited its Charter
A summons may be served on a corporation that has forfeited its charter or right to do business, or has dissolved, by delivering a copy of the summons and of the complaint:
(a) To a person who is a trustee of the corporation and of its stockholders or members; or
(b) When authorized by any provision in Sections 2011 or 2114 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code as in effect on December 31, 1976, with respect to corporations to which they remain applicable), as provided by such provision.
CCP § 416.30 Personal Service on a Joint Stock Company
A summons may be served on a joint stock company or association by delivering a copy of the summons and of the complaint as provided by Section 416.10 or 416.20.
CCP § 416.40 Personal Service on an Unincorporated Association or Partnership
A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint:
(a) If the association is a general or limited partnership, to the person designated as agent for service of process in a statement
filed with the Secretary of State or to a general partner or the general manager of the partnership;
(b) If the association is not a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to the president or other head of the association, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the association to receive service of process;
(c) When authorized by Section 18220 of the Corporations Code, as provided by that section.
CCP § 416.50 Personal Service on a Public Entity
(a) A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, presiding officer, or other head of its governing body.
(b) As used in this section, “public entity” includes the state and any office, department, division, bureau, board, commission, or agency of the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in this state.
CCP § 416.60 Personal Service on a Minor
A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with whom he resides or by whom he is employed, and to the minor if he is at least 12 years of age.
CCP § 416.70 Personal Service on a Ward or Conservatee
A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause shown, the court in which the action is pending may dispense with delivery to such person.
CCP § 416.80 Personal Service on a Candidate for Public Office
.When authorized by Section 11 of the Elections Code, a summons may be served as provided by that section.
CCP § 416.90 Personal Service on a Person Authorized to Accept Service for a Defendant
.A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person or to a person authorized by him to receive service of process.
CCP § 417.10 Proof of Service
Proof that a summons was served on a person within this state shall be made:
(a) If served under Section 415.10, 415.20, or 415.30, by the affidavit of the person making such service showing the time, place, and manner of service and facts showing that such service was made in accordance with this chapter. Such affidavit shall recite or in other manner show the name of the person to whom a copy of the summons and of the complaint were delivered, and, if appropriate, his title or the capacity in which he is served, and that the notice required by Section 412.30 appeared on the copy of the summons served, if in fact it did appear.
If service is made by mail pursuant to Section 415.30, proof of service shall include the acknowledgement of receipt of summons in the form provided by that section or other written acknowledgment of
receipt of summons satisfactory to the court.
(b) If served by publication pursuant to Section 415.50, by the affidavit of the publisher or printer, or his foreman or principal clerk, showing the time and place of publication, and an affidavit showing the time and place a copy of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
(c) If served pursuant to another statute of this state, in the manner prescribed by such statute or, if no manner is prescribed, in the manner prescribed by this section for proof of a similar manner of service.
(d) By the written admission of the party.
(e) If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
(f) All proof of personal service shall be made on a form adopted by the Judicial Council.
CCP § 417.20 Proof of Service of Someone Served Outside California
Proof that a summons was served on a person outside this state shall be made:
(a) If served in a manner specified in a statute of this state, as prescribed by Section 417.10, and if service is made by mail pursuant to Section 415.40, proof of service shall include evidence satisfactory to the court establishing actual delivery to the person to be served, by a signed return receipt or other evidence;
(b) In the manner prescribed by the court order pursuant to which the service is made;
(c) Subject to any additional requirements that may be imposed by the court in which the action is pending, in the manner prescribed by the law of the place where the person is served for proof of service in an action in its courts of general jurisdiction; or
(d) By the written admission of the party.
(e) If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
CCP § 417.30 Summons Must be Returned with Proof of Service
(a) After a summons has been served on a person, the summons must be returned together with proof of service as provided in Section 417.10 or 417.20, unless the defendant has previously made a general appearance.
(b) If a summons is lost after service has been made but before it is returned, an affidavit of the person who made the service showing the time, place, and manner of service and facts showing that such service was made in accordance with this chapter may be returned with the same effect as if the summons itself were returned.
CCP § 417.40 Proof of Service Signed by a Registered Process Must Indicate the County of Registration and Number
Any proof of service which is signed by a person registered under Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or his employee or independent contractor shall indicate the county in which he is registered and the number assigned to him pursuant to Section 22355 of the Business and Professions Code.
CCP § 474 Service on Doe Defendants
When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly; provided, that no default or default judgment shall be entered against a defendant so designated, unless it appears that the copy of the summons or other process, or, if there be no summons or process, the copy of the first pleading or notice served upon such defendant bore on the face thereof a notice stating in substance: “To the person served: You are hereby served in the within action (or proceedings) as (or on behalf of) the person sued under the fictitious name of (designating it).” The certificate or affidavit ofservice must state the fictitious name under which such defendant was served and the fact that notice of identity was given by endorsement upon the document served as required by this section. The foregoing requirements for entry of a default or default judgment shall be applicable only as to fictitious names designated pursuant to this section and not in the event the plaintiff has sued the defendant by an erroneous name and shall not be applicable to entry of a default or default judgment based upon service, in the manner otherwise provided by law, of an amended pleading, process or notice designating defendant by his true name.
Corporations Code § 17701.16 Service on Limited Liability Company
(a) In addition to Chapter 4 (commencing
(a) In addition to Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, process may be served upon limited liability companies and foreign limited liability companies as provided in this section.
(b) Personal service of a copy of any process against the limited liability company or the foreign limited liability company by delivery (1) to any individual designated by it as agent, or (2) if the designated agent is a corporation, to any person named in the latest certificate of the corporate agent filed pursuant to Section 1505 at the office of the corporate agent, shall constitute valid service on the limited liability company or the foreign limited liability company. No change in the address of the agent for service of process or appointment of a new agent for service of process shall be effective until an amendment to the statement described in Section 17701.14 is filed. In the case of a foreign limited liability company that has appointed the Secretary of State as agent for service of process pursuant to subdivision (d) of Section 17708.07, process shall be delivered by hand to the Secretary of State, or to any person employed in the capacity of assistant or deputy, and shall include one copy of the process for each defendant to be served, together with a copy of the court order authorizing the service and the fee therefor. The order shall set forth the address to which the process shall be sent by the Secretary of State.
(c) If an agent for service of process has resigned and has not been replaced or if the designated agent cannot with reasonable diligence be found at the address designated for personal delivery of the process, and it is shown by affidavit to the satisfaction of the court that process against a limited liability company or foreign limited liability company cannot be served with reasonable diligence upon the designated agent by hand in the manner provided in Section 415.10, subdivision (a) of Section 415.20, or subdivision (a) of Section 415.30 of the Code of Civil Procedure, the court may make an order that the service shall be made upon a domestic limited liability company or upon a registered foreign limited liability company by delivering by hand to the Secretary of State, or to any person employed in the Secretary of State’s office in the capacity of assistant or deputy, one copy of the process for each defendant to be served, together with a copy of the order authorizing the service. Service in this manner shall be deemed complete on the 10th day after delivery of the process to the Secretary of State.
(d) Upon receipt of the copy of process and the fee therefor, the Secretary of State shall give notice of the service of the process to the limited liability company or foreign limited liability company, at its principal office, by forwarding to that office, by registered mail with request for return receipt, the copy of the process.
(e) The Secretary of State shall keep a record of all process served upon the Secretary of State under this title and shall record therein the time of service and the action taken by the Secretary of State. A certificate under the Secretary of State’s official seal, certifying to the receipt of process, the giving of notice to the limited liability company or foreign limited liability company, and the forwarding of the process pursuant to this section, shall be competent and prima facie evidence of the service of process.
NOTICE TO TENANT
CCP § 1162 Service of Notice to Tenant
(a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.
(b) The notices required by Section 1161 may be served upon a commercial tenant by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from the commercial rental property, by leaving a copy with some person of suitable age and discretion at the property, and sending a copy through the mail addressed to the tenant at the address where the property is situated.
(3) If, at the time of attempted service, a person of suitable age or discretion is not found at the rental property through the exercise of reasonable diligence, then by affixing a copy in a conspicuous place on the property, and also sending a copy through the mail addressed to the tenant at the address where the property is situated. Service upon a subtenant may be made in the same manner.
(c) For purposes of subdivision (b), “commercial tenant” means a person or entity that hires any real property in this state that is not a dwelling unit, as defined in subdivision (c) of Section 1940 of the Civil Code, or a mobile home, as defined in Section 798.3 of the Civil Code.
California Process Server Rules
What Is Service?
The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court.
“Service of court papers” means that the other side must get copies of any paper you file with the court. In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server.”
Until the other side has been properly “served,” the judge cannot make any permanent orders or judgments.
You can read about the specific rules regarding service at:
The California Code of Civil Procedure;
California Rules of Court; and Local Rules.
Process Servers
The “server” or “process server” can be:
- A friend or relative;
- A coworker;
- A county sheriff or marshal;
- A professional process server; or
- Anyone over 18 who is NOT part of the case.
In all cases, the “server” or “process server” MUST:
Be 18 years old or older;
Not be a party to the case;
Serve the paperwork on the other side in the time require;
Fill out a proof of service form that tells the court whom they served, when, where, and how; and
Return the proof of service to you so you can file it with the court.
Remember, it is very important that you, if you are the plaintiff/petitioner or defendant/respondent, do NOT serve your own papers.
Note: If you hire a process server, give them a photo of the person they have to serve (if you have one) and a list of times and places when it will be easy to find that person. Look for a process server who is close to where the other side lives or works. Fees are often based on how far the server has to travel. So this will save you money.
Types of service
There are several ways to serve papers. The information here about the types of service is general. Not all of them are allowed in all cases, or at all stages of a case. So, for your type of case, only some of these types of service may be allowed. The individual sections on this Online Self-Help Center will tell you what types of service are allowed in your case.
Service can be complicated and it is VERY important. If it is not done right, you will not be able to move forward with your case. If you are not sure how you must serve your paperwork, ask your court’s self-help center, family law facilitator or small claims legal advisor, or or talk to a lawyer. Click for help finding a lawyer.
Click on the type of service to find out more:
Personal Service
Service by Mail
Substituted Service
Service by Notice and Acknowledgement of Receipt
Service by posting on the premises and mailing (for eviction cases only)
Service by publication
Service by posting (at the courthouse)
Service by certified mail (small claims only)
Service by certified mail (for a party who is out of state)
Service on someone who lives out of the country
Personal Service
“Personal service” means that someone – NOT a party to the case – must personally delivery the court documents to the other side.
In “personal service”:
The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.
The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.
If the party being served does not want to take the papers, they can be left on the ground in front of him or her. If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.
The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served. The server signs the proof of service and returns it to you to file in court.
Personal service is complete the day the papers are served.
“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.”
Since it is the most reliable, “personal service” is valid in all types of case. Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.
Service by Mail
In “service by mail,” someone – NOT a party to the case – must mail the documents to the other party. Make sure service by mail is allowed before you use this method to serve your papers.
For “service by mail”:
The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address. If it is a business, the papers must be mailed to the owner(s) at the business’s main office. If the business has an agent for service, the papers should be mailed to the agent for service. Learn more about serving a business.
The server then fills out a Proof of Service, detailing to whom the papers were mailed, to what address, when, how (by first-class mail), and where they were mailed from. The server signs the Proof of Service and returns it to you to file in court.
Service by mail is complete 5 days after the papers are mailed.
Mail service is easy but not very reliable because the court cannot know for sure that someone received the paperwork.
Substituted Service
Substituted service is used after several attempts to personally serve the papers have failed.
For substituted service:
The server tries to personally serve the papers on the other party a number of times (usually 3 or more) but cannot find the party at home (or work, if that is the address the server has). The server must try different days of the week and different times of the day, at times when the other person is likely to be home (or at work if serving him or her there).
If the server is unable to find the person to be served on each one of those times, he or she can, on the last attempt, leave the papers with someone at the other party’s house, at least 18 years old, who lives there. If the server is trying to serve the papers at the other party’s work, then the papers can be left with someone at the office that appears to be in charge and is at least 18 years old.
The server must tell the person that he or she hands the papers to that they are legal documents for the other party. The server must also write down the name and address of the person he or she gave the court papers to. If the person will not give his or her name, the server must write down a detailed physical description.
Next, the server must mail a copy of the papers to the other party at the address where the papers were left.
The server must then:
Write up a “Declaration of Due Diligence,” which is document for the court detailing every attempt attempt he or she made to serve the papers in person. It should include the dates he or she went to the house or work, times of day, and what the result was (for example, “No one answered the door” or “Party not in the office”). The server has to sign this document under penalty of perjury. There is no form for this, but the server can use a Declaration (Form MC-030PDF file type icon). Your court’s self-help center may have a local form to help you with this step too.
Fill out a Proof of Service, detailing when, where, and how the papers were served. The server has to make sure to write the name of the person he or she left the papers with (or a detailed physical description). The server signs the Proof of Service and returns it to you, with the Declaration of Due Diligence, to file in court.
Substituted service is complete10 days after the day the papers are mailed.
NOTE: Sometimes, like in small claims cases, you can use substituted service the first time the server tries to serve the papers in person and the other party is not at home or work.
“Substituted service” is not a very reliable type of service because the court does not know for sure that the person that had to be served actually received the paperwork.
Service by Notice and Acknowledgement of Receipt
When the other side agrees to be served by mail and is willing to sign a document for the court saying that they received the papers, you can usually use this method. It is usually used for the summons and complaint/petition (in civil cases or family law cases).
To serve by Notice and Acknowledgement of Receipt:
The server mails the summons and complaint to the other side with a 2 copies of the Notice and Acknowledgment of Receipt.
The other side signs 1 copy of the Notice and Acknowledgment of Receipt, telling the court that he or she received the papers in the mail, and returns it to the server.
The server then fills out a Proof of Service, detailing to whom the papers were mailed, to what address, when, how (byfirst-class mail), and where they were mailed from. The server has to attach the Notice and Acknowledgment of Receipt returned by the other side. The server signs the Proof of Service and returns it to you to file in court.
Service by Notice and Acknowledgment of Receipt is complete on the date the Acknowledgment of Receipt portion of the form is signed by the other side.
Service by posting on the premises and mailing (for eviction cases ONLY)
In eviction (unlawful detainer) cases only, a summons and complaint can be served by posting on the premises at issue in the eviction and also mailing. Service by posting and mailing is used after several attempts to personally serve the papers have failed. A landlord needs the court’s permission to serve his or her tenant by posting and mailing.
For service by posting and mailing (sometimes called “nail and mail”):
The server tries to personally serve the papers on the other party a number of times (usually 3 or more) but cannot find the party at home. The server must try different days of the week and different times of the day, at times when the other person is likely to be home.
If the server is unable to find the person to be served on each one of those times, AND the server is unable to find an adult on the premises to leave the papers with (to serve by substituted service, as explained above), then:
Write up a “Declaration of Due Diligence,” which is a document for the court detailing every attempt the server made to serve the papers in person and by substituted service. It should include the dates he or she went to the house/property, times of day, and what the result was (for example, “No one answered the door”). The server has to sign this document under penalty of perjury. There is no form for this, but the server can use a Declaration (Form MC-030PDF file type icon). Your court’s self-help center may have a local form to help you with this step too.
AND
File an application to the court asking for permission to serve by “posting and mailing” pursuant to Code of Civil Procedure section 415.45External link icon.
If the court grants permission to serve by posting and mailing, the server must:
Post the summons on the premises in a place where the other party (the tenant) is most likely to see it; and
Mail a copy of the papers to the tenant at the tenant’s last known address, by certified mail.
Fill out a Proof of Service, detailing when, where and how the papers were served. The server signs the Proof of Service and returns it to you to file in court
Service by posting and mailing is complete 10 days after the day the papers are mailed.
Service by publication
“Service by publication” means that you publish the summons and complaint in a newspaper of general circulation in the area where the other side is likely to be. You have to ask the court’s permission to do this. It is usually used when you do not know how to find the other side and do not have an address or workplace for him or her.
Note: If you need to serve a divorce, legal separation or annulment summons and petition or a petition for custody and support of minor children on your ex-spouse or partner, and you do not know where he or she is, there is a special process. Click to find out how to serve a spouse by publication when you do not know your spouse’s or partner’s whereabouts.
Before the court will give you permission to serve by publication, you will have to prove to the court that you tried as hard as possible to find the other side. Every court is slightly different in what they require, but most require at least that you try to find the other side at his or her last known address or last known work, mail letters to the last known address with forwarding address requested, call the other side’s friends and family or ex-coworkers to ask about his or her whereabouts, look for the other side in the phone book for any city where he or she is likely to be, and search on the Internet. To find out exactly what your court requires you to do before you can ask for permission to do service by publication, read your court’s local rules or ask your court clerk or self-help center.
Once you have taken all the steps your court requires before asking to serve by publication:
Write up a “Declaration of Due Diligence,” which is a document where you tell the court every attempt you made to find the other side. Include as much detail as possible. For example, if you called friends and family, write down the dates and what they told you. If you mailed a letter to the last known address, explain when you sent it, what address you sent it to, and what the result was. You have to sign this document under penalty of perjury. There is no form for this, but you can use a Declaration (Form MC-030PDF file type icon). Your court’s self-help center may have a local form to help you with this step too.
Complete an ex parte request for the court order allowing you to serve by publication. You must also attach a proposed order. Again, ask your court’s self-help center if they have a local form for this.
If the court grants your request to serve by publication, the judge will sign your proposed order, and allow you to publish your court document in a newspaper of general circulation in the area.
You can make these arrangements with the newspaper. Court clerks usually have a list of newspapers that the court accepts for this purpose. You will have to publish it for 4 weeks in a row, at least once a week.
The newspaper must give you an affidavit showing the time and place the document was published.
Service by publication is complete at the end of the 28th day after the first date the summons and complaint are published in the newspaper.
Service by posting (at the courthouse)
“Service by posting” means that the court clerk posts the summons and complaint in a visible place designated for court notices at the courthouse. Like “service by publication,” you have to ask the court’s permission to do this. It is usually used when you do not know how to find the other side and do not have an address or workplace for him or her. BUT in order to qualify for “service by posting” and do away with the requirement to publish your summons and complaint in a newspaper, you usually have to qualify for a fee waiver.
Note: If you need to serve a divorce, legal separation or annulment summons and petition or a petition for custody and support of minor children on your ex-spouse or partner, and you do not know where he or she is, there is a special process. Click to find out how to serve a spouse by posting when you do not know your spouse’s or partner’s whereabouts.
Before the court will give you permission to serve by posting, you will have to prove to the court that you tried as hard as possible to find the other side. Every court is slightly different in what they require, but most require at least that you try to find the other side at his or her last known address or last known work, mail letters to the last known address with forwarding address requested, call the other side’s friends and family or ex-coworkers to ask about his or her whereabouts, look for the other party in the phone book for any city where he or she is likely to be, and search on the Internet. To find out exactly what your court requires you to do before you can ask for permission to do service by publication, read your court’s local rules or ask your court clerk or self-help center.
Once you have taken all the steps your court requires before asking to serve by posting:
Fill out and file a request for a fee waiver, asking to be allowed to serve by posting. Find out how to ask for a fee waiver.
Write up a “Declaration of Due Diligence,” which is a document where you tell the court every attempt you made to find the other side. Include as much detail as possible. For example, if you called friends and family, write down the dates and what they told you. If you mailed a letter to the last known address, explain when you sent it, what address you sent it to, and what the result was. You have to sign this document under penalty of perjury. There is no form for this, but you can use a Declaration (form MC-030PDF file type icon). Your court’s self-help center may have a local form to help you with this step too.
Complete an ex-parte request for the court order allowing you to serve by posting. You must also attach a proposed order. Again, ask your court’s self-help center if they have a local form for this.
If the court grants your fee waiver and your request to serve by posting at the courthouse, the judge will sign your proposed order and allow you to have your summons and complaint posted at the courthouse.
Service by posting is complete at the end of the 30th day after the first date the summons and complaint are posted.
Service by certified mail (small claims ONLY)
Only the small claims court clerk can serve your claim this way. The clerk will charge you a fee of $15 to serve the defendant by certified mail. You should check back with the court before the hearing to see if the receipt for certified mail was returned to the court. Service by certified mail is complete on the day the certified mail receipt is signed.
Service by certified mail (for a party who is out of state)
When the party that has to be served lives out of state, papers can usually be served by sending a copy of the paperwork to be served to that party by first-class mail, postage prepaid, and return receipt requested. The person who mails the papers must be at least 18 and NOT a party to the case. The server must complete a Proof of Service indicating how the papers were served. Service by certified mail is complete on the 10th day after mailing of the papers.
Do NOT use this type of service to serve a party that is outside the United States. The process for serving someone outside the U.S. is very complicated. Talk to your court’s self-help center or a lawyer for help. Click for help finding a lawyer.
Service on someone who lives out of the country
If you need to serve someone who is not in the United States, you may have to use the process set out under the Hague Convention. For example, if you are filing for divorce and your spouse is living in Mexico, you will have to use the Hague Convention to serve him with divorce papers. The process is complicated. Your court’s family law facilitator or self-help center may be able to help you. Or talk to a lawyer. Click for help finding a lawyer
Who to Serve
If you are suing an individual, serve the person you are suing. If you are suing more than 1 individual, serve each person you are suing.
If you are suing a single-owner business (called a “sole proprietorship”), serve the owner.
If you are suing a partnership under its business name, serve 1 of the partners. If you are suing a business AND its partners, serve each partner. If you are suing a limited partnership, serve the general partner, general manager, or the agent for service (if there is one).
If you are suing a corporation, serve an officer of the corporation or the agent for service. You can find out the name of the corporation’s agent for service at the website of the California Secretary of StateExternal link icon.
If you are suing a city, serve the city clerk or agent authorized to accept service. You can find the address and phone number in the government pages of your phone book.
If you are suing a county, serve the county clerk or agent authorized to accept service. Check your county’s websiteExternal link icon for the county clerk’s address and telephone number. Or find the address and phone number in the government pages of your phone book.
If you are suing the State of California, you can serve the state Attorney General’s office if you are suing the California Highway Patrol or most consumer affairs boards. If you are suing Caltrans, you must serve the California Department of Transportation. Click for the Caltrans Headquarters’ addressExternal link icon. Click for the mailing address of the Office of the Attorney GeneralExternal link icon. You can also call the Attorney General’s office at 1-800-952-5225 for more information.
If you are suing your landlord, serve the owner of the building where you live. Your landlord’s name, address, and phone number should be on your lease or posted on 2 conspicuous places on the property. You can also get the address from your local tax assessor’s officeExternal link icon. If you are suing your landlord and the manager of your apartment building will not tell you where the landlord lives, you can serve the manager.
Filling Out and Filing the Proof of Service
The court must know that the other side was properly served. To do this, the process server must carefully fill out and sign the Proof of Service detailing how service was done, on whom, where, and when. The process server then gives you the Proof of Service.
Make a copy of the Proof of Service. Take the original and copy to your court clerk right away to file it. The clerk will stamp the copy “Filed” and return it to you.
Keep this copy in a safe place.
Finding Someone in Order to Serve Him or Her
When you sue a person, you file your lawsuit against that person, using his or her legal name and any aliases. You also need that person’s address. Often, it is easy to get this information if you do not already have it, by looking at any documentation you may have about the legal dispute. But, sometimes, this information is not easily available to you. Below are some ways to track someone down.
Send a letter to the person’s last address. Under your return address, write “Return Service Requested. Do Not Forward.” If the person filed an address change with the post office, you will get the letter back with a new address. Get more information from the United States Postal ServiceExternal link icon.
Go to the local post office covering the area for the person’s last known address. Ask if the person left a forwarding address.
Call “411” for the city or cities where you think the person may live or work. If the person is listed, you may be able to get his or her address. Or you may only get the phone number, but you can use the phone number to try other things to get the address.
Search free online telephone directories. You can do an Internet search to try to locate the person. Some Internet searches are free, and if the person is listed, you can get the phone number or address.
Search online on sites that search for people. You may be able to pay a small fee to an Internet company to give you the address or phone number of the person you are looking for. In that case, the more details you have about the person you are searching for (like date of birth or approximate age), the more accurate the results you may get.
Search social networking sites. You can search popular social network sites where people often list their name, location, and perhaps other information you can find helpful. Or, you may be able to email them through the social network site if you think they may cooperate with you and give you information so you can serve them with legal papers
Use a reverse telephone directory. If you only know the person’s phone number, you can get the address from a reverse telephone directory, which allows you to search by a telephone number to get the name and address of that telephone number’s subscriber. BUT the address and name will not be in the reverse directory if the phone number is unlisted.
You can also use a reverse phone directory online. There are several of these. Just search for “reverse phone directory.”
You can also look at a reverse telephone directory at the main branch of your public libraryExternal link icon.
If you know any of the person’s relatives or friends, contact them for information. Call, write, or e-mail them and ask them if they have any contact information for him or her. They may not have all the information but even if they only know what city he or she may have moved to, the information can be helpful to you. You can also explain to them why you need to find this person and even if they do not want to give you the person’s contact information, they may be willing to contact him or her on your behalf and give him or her your contact information so he or she can get in touch with you and find out what you want. For some cases, like, for example, a divorce, the other person may also want to be divorced so it would be to his or her advantage to give you a way to get in touch with them.
If you know any of the person’s past employers, contact them for information. Ask the last known employer (or even employers before that) if they have any information about the person’s whereabouts, even if it is just a city where he or she may have moved, or the name and address of the new employer.
If the person you are trying to find owns property, search property records.
The county tax assessor’s officeExternal link icon can search the tax rolls for you. The tax rolls in the assessor’s office list the names and addresses of property owners in the county by both owner name and address of the property. The tax assessor’s address and phone number is also listed in the government pages of your phone book. It is usually in the county section under ASSESSOR.
You can also get this information from the county registrar/recorder’s officeExternal link icon. The property owners are listed by name, and each listing includes the location of the property owned. The address and phone number of your county registrar/recorder’s office is also listed in the government pages of your phone book. It is usually in the county section under RECORDER.
If you have any reason to think the person may be in prison or jail, follow these steps:
For California State Prison: Call the California Department of Corrections and Rehabilitation (CDCR). You must have either the inmate’s CDC number or the inmate’s full name and date of birth to get information. Find the phone number for the California Department of Corrections and Rehabilitation Inmate LocatorExternal link icon. Find a list of California correctional facilitiesExternal link icon.
For Federal Prison: Click for the Federal Bureau of Prison’s Inmate Locator databaseExternal link icon. You can search the database using the inmate’s first and last name or the inmate’s Register Number, DCDC Number, FBI Number, or INS Number. Find a list of federal correctional facilities at the Federal Bureau of PrisonsExternal link icon. Fill in whatever information you know (like the state or city you are looking for) and hit “submit.”
For County Jail: Call the jail. You can usually find the phone number and address for the jail by calling the county sheriff. Find the contact information for the county sheriffs in CaliforniaExternal link icon.
If you do not know if a person is in state or federal prison or county jail, search for the person in state and federal prison and the counties where you think the person might be incarcerated.
Be creative!!!
You do not need to know where someone lives or works in order to serve him or her with legal papers. You only need to find the person to give him or her your legal papers through a server. The more you know about someone and his or her habits or the places he or she frequents, the easier it will be to figure out a good way to serve him or her with legal papers. So even if you do not know someone’s address but you know that at a given time he or she generally goes to a certain coffee shop, or to the gym, or to some other fixed place, you can have a server there to give him or her legal papers. You may also make a plan to meet the person somewhere and then have a server with you to give him or her the paperwork when you meet up. You can also hire a private investigator to help you find someone.
