To serve court papers in California, you file your complaint, get the summons issued by the clerk, and then have someone who is at least 18 and not a party to the case deliver the summons and complaint to each defendant. Personal delivery is the preferred method. If that fails after diligent attempts, you can use substituted service, service by mail with a signed acknowledgment, or, as a last resort, service by publication. Once the papers are delivered, your server signs a Proof of Service form and you file it with the court.
Who Can Deliver the Papers
Any person who is at least 18 years old and is not a party to the lawsuit can serve the papers.1California Legislative Information. California Code of Civil Procedure CCP 414.10 If you are the plaintiff, you cannot serve the papers yourself. A friend, family member, coworker, professional process server, or the county sheriff or marshal can all do the job.
Professional process servers charge roughly $50 to $150 for routine personal service, more for rush jobs or hard-to-find defendants. They know the common tactics people use to avoid being served, which is often worth the fee.
The sheriff or marshal will also serve civil papers for a fee that typically runs $40 to $75, depending on the county. If you have a fee waiver on Form FW-001, the sheriff’s service fee is covered, which makes this the best route when money is tight.2Judicial Council of California. Information Sheet on Waiver of Superior Court Fees and Costs The waiver does not cover private process server fees.
Personal Service
Personal service means physically handing the summons and complaint to the defendant. Service is complete the moment the papers are delivered.3California Legislative Information. California Code of Civil Procedure CCP 415.10 Courts prefer this method because there is no dispute the recipient got the documents.
The person being served does not have to accept the papers. If they refuse, the server can set the documents down in front of them or at their feet, and it still counts as valid personal service.4California Courts. Serving Court Papers The server should note the refusal on the Proof of Service, but the refusal itself does not undo the service.
Substituted Service When You Can’t Catch Them
If personal service fails, California allows substituted service. First, the server has to try personal delivery with “reasonable diligence” — generally at least two or three attempts on different days and at different times when the defendant is likely to be at home or at work.5California Courts. Serve Your Lawsuit by Substituted Service
Once those attempts fail, the server can leave the summons and complaint with a competent adult (18 or older) at the defendant’s home, workplace, or usual mailing address, telling that person the documents are court papers for the defendant. The server then mails a second copy by first-class mail to the same address.6California Legislative Information. California Code of Civil Procedure CCP 415.20
Watch the timing. Substituted service is not complete when the papers are dropped off. It is deemed complete 10 days after the mailing.6California Legislative Information. California Code of Civil Procedure CCP 415.20 Mark the mailing date, because the defendant’s 30-day response clock starts on the completion date, not the drop-off date.
The server also has to prepare a Declaration of Due Diligence describing every failed attempt at personal service, with dates, times, locations, and what happened. There is no mandatory form, but Judicial Council Form MC-030 works, and the declaration must be signed under penalty of perjury.5California Courts. Serve Your Lawsuit by Substituted Service Vague entries like “tried once, nobody home” invite a challenge.
Service by Mail With Acknowledgment
You can mail the summons and complaint along with a Notice and Acknowledgment of Receipt on Judicial Council Form POS-015.7Judicial Branch of California. Notice and Acknowledgment of Receipt – Civil (POS-015) If the recipient signs and returns the acknowledgment within 20 days, service is complete on the date they signed.8Judicial Council of California. Notice and Acknowledgment of Receipt – Civil
This method is cheap and easy, but it only works if the other side cooperates. If they ignore the form, you have not served anyone and you will need to try another method. The form warns the recipient that failing to sign may make them liable for the cost of alternative service, which sometimes prompts cooperation. In a contested case, do not rely on it.
Service by Publication
Publishing the summons in a newspaper is available only when you cannot locate the defendant after a diligent search. You file a sworn statement explaining what you tried and why other methods will not work, and the judge must issue an order authorizing publication and choosing the newspaper most likely to reach the defendant.9California Legislative Information. California Code of Civil Procedure CCP 415.50
Once authorized, the summons runs once a week for four consecutive weeks. Service is deemed complete on the 28th day after the first publication.10California Legislative Information. California Government Code GOV 6064 The defendant then gets another 30 days to respond, so you are looking at about 59 days from the first publication before a default becomes possible.11California Courts. Serve by Publication in a Family Law Case
Publication typically costs several hundred dollars between newspaper fees and court filings, which makes it the most expensive method by a wide margin. Judges also review your earlier search efforts closely. If the court decides you didn’t try hard enough to find the defendant, the order will be denied.
Serving a Business or Other Entity
To serve a corporation, deliver the summons and complaint to its designated agent for service of process on file with the Secretary of State. You can also serve the company’s president, CEO, vice president, secretary, treasurer, general manager, or anyone else the corporation has authorized to accept legal papers.12California Legislative Information. California Code of Civil Procedure CCP 416.10 Handing papers to a receptionist or warehouse worker does not count.
For a general or limited partnership, serve the designated agent, a general partner, or the general manager. For other unincorporated associations, serve the agent on file or an officer such as the president, vice president, secretary, treasurer, or general manager.13California Legislative Information. California Code of Civil Procedure CCP 416.40
Before you try service, look up the current agent and address in the Secretary of State’s online business database at bizfileonline.sos.ca.gov. Agent information changes, and serving an outdated agent gives the company an easy way to challenge service. When serving a business, the copy of the summons must include a notice identifying the entity being served and explaining why the person receiving the papers is an appropriate recipient on the entity’s behalf.
Preparing the Documents and Proof of Service
The court clerk issues the summons after you file the complaint. It is signed by the clerk, stamped with the court’s seal, and tells the defendant they have 30 days to respond. Make enough copies for each defendant plus one for your own records.
Give your server the Proof of Service form before they attempt service so they know what to record. For service of a summons, use Judicial Council Form POS-010.14California Courts. Proof of Service of Summons (POS-010) For documents served later in the case, use Form POS-040.15California Courts. Proof of Service – Civil (POS-040) All Judicial Council forms are free on the California Courts website.
After service is complete, the server fills in the specifics — who was served, where, when, by what method, and which documents were delivered — and signs under penalty of perjury.16Judicial Council of California. Judicial Council of California Form POS-010 – Proof of Service of Summons For substituted service, attach the Declaration of Due Diligence. File the completed Proof of Service with the court where your case is pending, in person, by mail, or electronically if the court accepts e-filing. The court will not schedule hearings or enter a default without it.
Deadlines to Track
You have three years from the date you filed your complaint to serve each defendant. Miss it and the court must dismiss your case; this deadline cannot be extended.17Justia Law. California Code of Civil Procedure CCP 583.210 – 583.250
In practice, courts expect much faster. Local rules often require service within 60 days of filing, and the court can issue an order to show cause if you are dragging.18California Courts. California Rules of Court Rule 3.110 Once service is complete, you have 60 days to file the Proof of Service.
The defendant then has 30 days from completion of service to file a written response. The parties can agree to one 15-day extension without court approval.18California Courts. California Rules of Court Rule 3.110 If the defendant does nothing, you can ask the court to enter a default.
If the Defendant Challenges Service
Instead of answering, a defendant may file a motion to quash service, arguing that service was defective. Common grounds include serving the wrong person, using substituted service without enough prior attempts at personal delivery, or leaving papers at an address where the defendant no longer lives. If the judge grants the motion, you start service over while the three-year clock keeps running. That is why getting service right the first time matters more than getting it done fast.