California’s SC-104 Proof of Service is the one-page form your server signs after delivering your small claims papers, and the court will not hold your hearing without it. The plaintiff fills in the case header at the top; the server fills in everything about who was served, what was served, how, when, and where, then signs under penalty of perjury. The completed form has to reach the court clerk at least five days before the hearing.1California Legislative Information. California Code CCP 116.340
You can download the fillable PDF from the California Courts website or pick up a blank copy at the clerk’s window.2Judicial Council of California. SC-104 Proof of Service (Small Claims)
Who Signs the Form
The server signs, not you. California law requires the person who delivers the papers to be at least 18 and not a party to the case, which means the plaintiff cannot serve the papers and cannot sign the SC-104.3California Legislative Information. California Code of Civil Procedure 414.10 – Persons Who May Serve Summons A friend, adult relative, neighbor, coworker, a county sheriff, a registered process server, or the court clerk (for certified mail service) can do it. If you sign the form yourself by mistake, the court may reject it.
A practical sequence that works: fill in the header fields yourself before you hand the packet to your server, so they only have to complete the parts about what they did.4California Courts. Serve Your Small Claims Forms
Filling In the Header
At the top of the form, write the name and street address of the Superior Court of California where you filed and the county. Then enter the case number, the case name, and the hearing date, time, and department. Every one of these entries should match your SC-100 Plaintiff’s Claim exactly.2Judicial Council of California. SC-104 Proof of Service (Small Claims)
Section 1: Who Was Served
If the defendant is an individual, the server writes the defendant’s name in box 1a. If the defendant is a business or government entity, the server uses box 1b and fills in three things: the entity name, the name of the person who actually accepted the papers, and that person’s job title.2Judicial Council of California. SC-104 Proof of Service (Small Claims) For a corporation, that person has to be the designated agent for service of process or an officer such as the president, vice president, secretary, treasurer, or general manager.5California Legislative Information. California Code of Civil Procedure 416.10
Section 3: Documents Served
The server checks a box for each document delivered. In most cases that is item 3a, the SC-100 Plaintiff’s Claim and ORDER to Go to Small Claims Court. If a counterclaim is involved, the SC-120 may also be listed. There are additional checkboxes for examination orders and a write-in line for anything else.2Judicial Council of California. SC-104 Proof of Service (Small Claims)
Section 4: How Service Was Made
This is the section the judge looks at most carefully. What the server checks depends on how the papers actually got to the defendant.
Personal Service (Box 4a)
The server physically handed the papers to the defendant. Service is complete the moment the papers change hands.6California Legislative Information. California Code of Civil Procedure 415.10 The server writes the exact date, the time (with a.m. or p.m.), and the full address where delivery happened. If the defendant refuses to take the papers, the server can set them down in front of the defendant and that still counts as personal service.7California Courts. Serving Court Papers
Substituted Service (Box 4b)
The server left the papers with a competent adult at the defendant’s home, workplace, or usual mailing address, after telling that person what the documents were about. The server then has to mail a copy to the defendant at that same address by first-class mail, Priority Mail with tracking, or certified mail.8California Legislative Information. California Code of Civil Procedure 415.20 Box 4b asks the server to identify who received the papers (a household member at the home, a person in charge at the workplace, or a person in charge where mail is received) and to record the date and address of the follow-up mailing. Service by this method is not complete until 10 days after the mailing, and that gap matters for the deadline calculation below.
Unlike regular civil cases, small claims plaintiffs do not have to attempt personal service first before using substituted service.1California Legislative Information. California Code CCP 116.340
Certified Mail Through the Clerk
If you asked the court clerk to mail the papers by a method that provides a return receipt, service is complete on the date the defendant signs the receipt.1California Legislative Information. California Code CCP 116.340 If the defendant never signs, service did not happen and you will need to use another method.
The Server’s Declaration and Signature
At the bottom, the server fills in their name, phone number, and address. A registered process server also enters their county of registration and registration number.2Judicial Council of California. SC-104 Proof of Service (Small Claims) The server then signs and dates the form under penalty of perjury, declaring that they are at least 18, are not named in the case, and that everything on the form is true.
Deadlines That Have to Line Up on the Form
The dates on the SC-104 have to satisfy two separate deadlines, and a judge who sees either one missed will reschedule the hearing.
- The defendant must be served at least 15 days before the hearing if they live in the same county where you filed, or at least 20 days before if they live outside the county.1California Legislative Information. California Code CCP 116.340
- The completed SC-104 must be filed with the court at least 5 days before the hearing.1California Legislative Information. California Code CCP 116.340
Watch the substituted-service math. Because service by that method is not complete until 10 days after the mailing, a 20-day cushion before the hearing is tight. Personal service and clerk-mailed certified mail give you more control over the completion date.
If you are suing more than one defendant, each one has to be served separately, and you need a separate SC-104 for each person or entity.4California Courts. Serve Your Small Claims Forms
Filing the Signed Form
Once the server signs, the form needs to come back to you in time to file at least five days before the hearing.2Judicial Council of California. SC-104 Proof of Service (Small Claims) File the original at the clerk’s window or by mail; some California counties also accept electronic filing. If you file in person, bring an extra copy and ask the clerk to stamp it. That file-stamped copy is your backup if the court misplaces the original, and it is useful to have with you at the hearing.
Common Mistakes That Get the Form Rejected
Three problems account for most rejected SC-104s:
- The plaintiff signed the form instead of the server.
- The service date does not leave the full 15 or 20 days before the hearing.
- Section 4 is blank or does not specify how service was made.
Each one is avoidable if you read the completed form before taking it to the clerk. Check the server’s signature line, count the days between the service date and the hearing date, and confirm that one box in Section 4 is checked with the required details filled in underneath it.