In California, after you file a complaint or other legal document, you must provide the defendant with a copy of the documents that were filed with the court. Referred to as service of process, providing the defendant with a copy of these documents is extremely important. This procedure ensures that the defendant receives actual notice of the action pending, and is provided with the opportunity to respond to the action. Failure to serve the defendant with all filed documents can result in the court dismissing your lawsuit. Therefore, it is necessary to follow the correct procedure when completing service in California.

Anyone over the age of 18 and not a party to the action can act as a process server in California. A process server arranges delivery of the filed court documents to the defendant. There are several methods of accomplishing service. For example, the process server can personally serve the defendant. Personal service involves physically handing the defendant a copy of the documents. In addition, the state of California recognizes service by mail as a proper method of accomplishing service in certain instances. However, if you serve the defendant by mail, the process server must mail a copy of the documents to the defendant at the defendant’s home. Service of process by mail is accomplished five days after the process server mails the documents.

If the process server is unable to serve the defendant in person after at least three attempts, the process server may use substituted service. Substituted service allows the process server to leave the documents at the defendant’s home, with an individual at least 18 years of age that lives in the home. In addition, the process server must make it clear to the individual that the documents are legal documents and are very important. Substituted service also requires the process server to follow up with a mailing of the documents to the address where the process server accomplished substituted service. The court recognizes service as occurring 10 days after the process server mails the documents.
After the process server completes service, the process server will fill out a Proof of Service. The Proof of Service describes the date, place, time and method the process server used to accomplish service. If the process server used substituted service, the process server must indicate the individual’s name, or a detailed physical description of the person if a name is not provided. This document must be filed with the court prior to your first appearance. If the defendant fails to respond to the lawsuit or appear in court according to the summons, the Proof of Service provides evidence to the court of the defendant’s knowledge of the case. A Proof of Service is also strong evidence in favor of the plaintiff if the plaintiff requests that the court enter a default judgment against the defendant. The Proof of Service Form is available at your local law library, or online http://www.courts.ca.gov/1017.htm.

If you have any additional questions or concerns regarding how to complete service in California, visit the California Courts Judicial Branch Self Help website http://courts.ca.gov/selfhelp-serving.htm.