California Service of Process Rules

Service of Process rules in California are similar to many other states. However, there are small peculiarities within California’s service rules that legal professionals and paralegals need to know about and understand. If the rules are not followed exactly, the least harm is that it could cost the client more time and money to re-do service of process to get the lawsuit moving forward. The worst harm that could happen by not following the rules is that the case could ultimately be dismissed outright.

Service of process is the formal legal procedure for giving a person or entity official notice of a legal proceeding by delivering the required legal documents in the manner required by law. In a new lawsuit, this usually means serving the defendant with a summons and complaint. Other legal papers, such as subpoenas, notices, and other court documents, may also have to be served on parties or other people as required by court rules or by the court. The person who delivers the court papers is often called a process server.

The process server must carefully fill out and sign a proof of service document, which details how the service was done, on whom, where, and when. The proof of service document must then be filed with the court clerk. The proof of service is an important document, as it is proof that the required person was served with the court papers. This is typically needed before the court can enter certain orders or judgments in the case.

Who Can Serve Process in California?

There are three categories of people that can serve legal papers in California:

• Service by the sheriff, constable, or marshal: This is the most common way to serve a new lawsuit. You must provide the Sheriff with copies of the court papers, a completed Sheriff's Instruction Form, and a check or fee waiver. The Sheriff must be given at least 40 days to serve the legal papers if the defendant lives in the same county as the court, and at least 30 days if the defendant lives in a different county.

• Service by a registered process server: A registered process server is a person officially registered with the county clerk to serve legal documents for compensation. California law requires a person to register as a process server if they make more than 10 services of process in the state for specific compensation in one calendar year. 

• Service by a friend or family member: You can also have a friend or family member over the age of 18 serve the claim on the defendant. The person serving the claim must be someone who is not a party to the lawsuit.

What Is Personal Service in California?

Under California’s service of process rules, personal service generally means that the required court papers are personally delivered to the individual who must be served. In a civil lawsuit, this often means delivering the summons and complaint to the defendant. Personal service may be done at the person’s home, workplace, or another location where the person can be lawfully found and served. 

Service is generally complete at the time the papers are delivered. Once service of process is complete, the process server should then complete a proof of service stating when, where, how, and on whom the papers were served. The proof of service has to be filed with the court. Usually, this is done through the plaintiff’s attorney’s office, the ones who filed the lawsuit to begin with. 

Personal service is often considered the most reliable method because the papers are delivered directly to the person being served. If there is an issue and the service is later challenged, the court can review the proof of service and any supporting evidence, and, if needed, may consider testimony from the process server.

Serving Legal Process by Mail in California

Service by mail is a method of serving court papers by mailing them to the person or entity that must be served, but it is only allowed when the applicable California rules permit service by mail.

For a summons and complaint served by mail on a defendant in California, the server must mail the papers with a Notice and Acknowledgment of Receipt and a prepaid return envelope. Service is not complete unless the defendant, or a person authorized to accept service for the defendant, signs and returns the acknowledgment.

For later-filed papers, such as certain notices, motions, or other documents served after a party has appeared in the case, service by mail may be allowed without a signed acknowledgment, and the papers are generally mailed to the party or their attorney if the rules permit it.

The server must complete the appropriate proof of service stating what documents were mailed, when and where they were mailed, and the name and address of the person served. 

Different rules may apply when the person to be served is outside California. For a summons and complaint served on a person outside California but within the United States, among other methods of service, California law allows service by first-class mail, postage prepaid, requiring a return receipt.

Substitute Service of Process in California

Substituted service in California is a method of serving summons and complaint when personal service has been unsuccessful. The process server must make several attempts to serve the defendant personally, at different times of day and on different days of the week. If the defendant cannot be served with reasonable diligence, the process server may leave the court papers 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). 

The papers must be left with a competent member of the household or a person apparently in charge of the office, place of business, or mailing address, who is at least 18 years old. The server must inform that person of the general nature of the papers.

After leaving the papers, the server must also mail a copy of the summons and complaint by first-class mail, postage prepaid, to the person being served at the same place where the papers were left. Service is generally complete on the tenth day after the mailing.

The server should complete a proof of service stating when, where, how, and on whom the papers were served. When substituted service is used after unsuccessful attempts at personal service, the proof of service should include or be accompanied by a declaration of due diligence which is a document that details the attempts that were made to serve the defendant personally. 

For corporations, partnerships, and other entities (specified in the applicable rules), California has a related substituted-service rule. Instead of personally delivering the summons and complaint to the entity’s authorized agent, officer, or other person authorized to receive service, the server may leave the papers during usual office hours with the person apparently in charge of the office or usual mailing address (not a USPS P.O. box), and mail a copy by first-class mail, postage prepaid, to the place where the documents were left.

It is important to note that service on a corporation can also be done on their agent. If the city is being sued, the city clerk or agent authorized to accept service must be served.

A county clerk fulfills the same responsibility in case the county is being served. However, if the State of California is sued, service can be rendered to the Attorney General's office.

Rely on the Professionals

The easiest and safest way to get proper service of process is to rely on professional process servers. Using a professional service company will ensure that the legal papers you need served on the defendant are served correctly and on time.