The Foundation: Why Service Matters
Service of process is constitutionally required. Due process demands that defendants receive actual notice of a lawsuit before a court can exercise jurisdiction over them. California law provides multiple service methods (CCP 415.10-415.50), but each has specific requirements. Get it wrong, and the defendant can quash service, vacate any default, or even win a malpractice claim against you.
Key deadline: You have 60 days from filing to serve the summons and complaint (CCP 583.210), though courts routinely grant extensions. Fail entirely, and your case can be dismissed.
The 60-Day Rule: CCP 583.210
California gives you 60 days from filing to serve the summons and complaint on all defendants. This clock starts running the moment you file—not when you issue the summons, not when you find the defendant. The 60 days is a guideline rather than a hard jurisdictional limit, but courts take it seriously.
- What happens if you miss it: The court may dismiss the action on its own motion or on defendant's motion. In practice, courts often grant extensions if you show diligence, but don't count on judicial mercy.
- Extensions: File an ex parte application or stipulation before the deadline expires. Courts generally grant extensions for good cause (evasive defendant, international service complications).
- Relation back: Proper service within the limitations period relates back to the filing date, preserving your statute of limitations.
"The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed."
Note: While CCP 583.210(a) gives you three years as the outer limit, local rules and CRC 3.110(b) require service within 60 days of filing. The three-year period is a backstop, not a target.
Who Can Serve Process?
California has two categories of process servers, and your choice matters:
| Server Type | Requirements | Best For |
|---|---|---|
| Any person over 18 | Must not be a party to the action (CCP 414.10) | Friends, family members, office staff serving routine service |
| Registered Process Server | Registered with county clerk; bonded; carries ID card (Bus. & Prof. Code 22350-22360) | Evasive defendants, contested service, declarations presumed accurate |
Always use a registered process server when you anticipate the defendant will contest service. Under Evidence Code 647, a registered process server's declaration of service creates a presumption of valid service. The defendant must then rebut with admissible evidence—a significant burden. An unregistered server's declaration carries no such presumption.
Service Method Decision Tree
The biggest service mistake is jumping to substitute service or publication without proper diligence. Courts will quash service if you can't document reasonable attempts at personal service first. Keep detailed records of every attempt: date, time, location, who answered the door, what was said.
Quick Reference: Service Method Requirements
| Method | CCP Section | When Complete | Key Requirements |
|---|---|---|---|
| Personal Service | 415.10 | Immediately | Hand papers directly to defendant |
| Substitute Service | 415.20 | 10 days after mailing | Reasonable diligence + leave with competent person + mail copy |
| Service by Mail | 415.30 | When acknowledgment returned | Defendant must sign acknowledgment; rarely successful |
| Service by Publication | 415.50 | 28 days after first publication | Court order required; must show diligence in locating defendant |
- 60-day deadline: Serve within 60 days of filing (CCP 583.210 / CRC 3.110)
- Personal service first: Always attempt personal service before resorting to alternatives
- Use registered servers: For contested cases, registered process servers provide evidentiary presumptions
- Document everything: Detailed records of service attempts are essential for substitute/publication service
Service Methods: CCP 415.10-415.50
California recognizes four primary service methods for individuals. Personal service (415.10) is the gold standard. Substitute service (415.20) requires prior diligence attempts. Service by mail with acknowledgment (415.30) depends on defendant's cooperation. Service by publication (415.50) is the last resort when the defendant cannot be located.
Personal Service (CCP 415.10)
Personal service is the most reliable method because it provides undeniable proof that the defendant received actual notice. The process server physically hands the summons and complaint to the defendant.
Requirements:
- Server must be at least 18 years old and not a party to the action
- Server physically delivers summons and complaint to the defendant
- Service is complete at the moment of delivery
- No mailing required
What counts as "personal delivery":
- Direct hand-off: The ideal scenario—defendant accepts papers
- Defendant refuses: If defendant refuses to accept, leaving papers in their presence or at their feet constitutes valid service
- Defendant throws papers back: Still valid—the server's job is delivery, not acceptance
If a defendant refuses to accept service or becomes hostile, experienced process servers use the "drop and go" technique: clearly announce "You are being served with legal papers," place the papers at the defendant's feet or nearest surface, and leave. This is valid personal service. The key is the server's declaration describing exactly what happened.
Substitute Service (CCP 415.20)
When personal service fails despite reasonable efforts, substitute service allows you to leave papers with someone else at the defendant's usual address and mail a copy.
Requirements (all must be satisfied):
- Reasonable diligence: You must first attempt personal service with reasonable diligence. Courts generally expect 2-3 attempts at different times and days.
- Leave papers with competent person: At defendant's dwelling house, usual place of abode, usual place of business, or usual mailing address (not a P.O. Box)
- Person must be:
- At least 18 years old
- Apparently in charge of the location
- Informed of the contents
- Mail a copy: Mail a copy of the summons and complaint to the same address where papers were left
- Service complete: 10 days after mailing
"If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served... 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... in the presence of a competent member of the household or a person apparently in charge... 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..."
The most common reason courts quash substitute service is insufficient documentation of prior personal service attempts. Your process server's declaration must detail each attempt: specific dates, times, locations visited, who answered the door (if anyone), and what information was obtained. "Attempted service three times" is insufficient; "Attempted service on January 5 at 8:15 AM, January 7 at 6:30 PM, and January 9 at 2:00 PM at 123 Main Street; on January 5 a woman who identified herself as defendant's sister stated defendant was at work" is what courts expect.
Service by Mail with Acknowledgment (CCP 415.30)
This method allows service by mail alone, but requires the defendant to sign and return an acknowledgment of receipt. It's inexpensive but rarely successful with defendants who know they're being sued.
How it works:
- Mail summons, complaint, and two copies of "Notice and Acknowledgment of Receipt" form
- Include a return envelope with postage prepaid
- Defendant signs acknowledgment and returns it within 20 days
- Service is complete on the date the defendant signs
Cost-shifting incentive:
If the defendant fails to return the acknowledgment and is later served by another method, the defendant may be liable for reasonable expenses incurred in serving the summons by another method, including attorney's fees (CCP 415.30(d)).
Service by mail with acknowledgment is most effective for friendly defendants (business disputes where the defendant wants the case resolved, family law matters with cooperative parties) or sophisticated entities with legal departments who recognize the cost-shifting provision. For hostile or evasive defendants, don't waste time—go straight to personal or substitute service.
Service by Publication (CCP 415.50)
Service by publication is the last resort when the defendant cannot be located despite diligent search. It requires court approval and provides the weakest basis for jurisdiction.
Requirements:
- Court order required: You must file a motion and declaration showing that defendant cannot be served by other methods with reasonable diligence
- Declaration must show:
- All efforts made to locate defendant
- Searches conducted (DMV, voter registration, social media, skip tracing, etc.)
- Why personal and substitute service are impossible
- Publication: Publish summons in newspaper of general circulation in the area where defendant is most likely to receive notice, once a week for four successive weeks
- Mail to last known address: Mail copy of summons and complaint to defendant's last known address, if any
- Service complete: 28 days after first publication
"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..."
The "Reasonable Diligence" Standard for Publication
Courts scrutinize publication service requests carefully because it provides the least reliable notice. Your declaration should document:
- Physical searches: Visits to last known address, workplace, family members
- Database searches: DMV records, voter registration, property records, court records
- Online searches: Social media, Google, LinkedIn, people-finder websites
- Third-party inquiries: Contacts with neighbors, employers, family members
- Skip tracing: Professional skip tracing services if warranted
International Service (Hague Convention)
When the defendant is located outside the United States in a country that's a party to the Hague Service Convention, you must follow international service procedures.
Basic Hague Convention Process:
- Identify the Central Authority: Each Hague member country designates a Central Authority to receive service requests
- Prepare Request: Complete USM-94 form and translate documents if required by destination country
- Submit to Central Authority: Send documents to the destination country's Central Authority
- Wait for Certificate: Central Authority executes service and returns certificate confirming completion
- Timeline: Allow 3-6 months or more; some countries are notoriously slow
If the Hague Convention applies and you serve by a non-Hague method (like mail to the foreign address), the defendant can quash service and any judgment obtained may be unenforceable in the destination country. The Hague Convention is mandatory, not optional, for signatory countries. Check the Hague Conference website to verify whether a country is a member and what service methods it accepts.
Countries with Hague Service Issues:
| Country | Issue | Typical Timeframe |
|---|---|---|
| China | Very slow; translation required; service through Ministry of Justice | 6-12+ months |
| India | Not a Hague member; letters rogatory often required | 12-18 months |
| Germany | Generally efficient; translation required | 2-4 months |
| Japan | Efficient; translation required; objects to mail service | 2-4 months |
| Mexico | Variable by state; translation required | 3-6 months |
Service on Corporations, LLCs, and Government Entities
Entity service requires serving the right person. For corporations, that's an officer, managing agent, or the designated agent for service of process. For LLCs, serve a manager or agent. For government entities, specific statutory requirements apply—miss them and you may face sovereign immunity defenses. Always check the Secretary of State's database for current agent information.
Corporations (CCP 416.10)
California corporations and foreign corporations doing business in California must designate an agent for service of process with the Secretary of State. You can serve the agent, or you can serve certain corporate officers directly.
Valid Service Recipients for Corporations:
- Designated Agent: The person listed with the California Secretary of State as agent for service of process
- President, CEO, or other head of the corporation
- Vice President
- Secretary
- Treasurer (if publicly traded, the CFO or equivalent)
- Assistant Secretary or Assistant Treasurer
- General Manager
- Any person authorized to receive service by the corporation
California Secretary of State Business Search: bizfileonline.sos.ca.gov
Enter the corporation name to find the designated agent for service of process, including name and address. Always verify before serving—agents change frequently.
Managing Agent Service (CCP 416.10(b)):
If you can't serve the designated agent or an officer, you can serve a "managing agent" of the corporation. This is defined as someone who represents the corporation in its usual business and has authority that makes it reasonable to expect they'll communicate the service to the corporation.
When serving a managing agent (rather than the designated agent or an officer), your proof of service should document why this person qualifies as a managing agent. Include their title, how they identified themselves, and what authority they appeared to have. Courts will scrutinize this if the defendant challenges service.
LLCs (Corp. Code 17701.16)
Limited liability companies follow similar rules but with some key differences:
Valid Service Recipients for LLCs:
- Designated Agent: Listed with Secretary of State
- Manager: If the LLC is manager-managed
- Member: If the LLC is member-managed (no designated manager)
- General Manager at Principal Office
For LLCs, always check whether the entity is member-managed or manager-managed. This determines who has authority to receive service.
Government Entities (Government Claims Act)
Serving government entities requires strict compliance with the Government Claims Act (Gov. Code 810-996.6). Before you can even sue most government entities, you must first present a claim.
California State Entities:
| Entity | Claim Deadline | Service |
|---|---|---|
| State of California | 6 months (personal injury/property damage) or 1 year (other claims) | Department of General Services or Attorney General |
| State Agencies | Same as State | Agency head or designated official |
Local Government Entities:
| Entity | Claim Filing Location | Service of Summons |
|---|---|---|
| County | Clerk of Board of Supervisors or County Clerk | Clerk of Board of Supervisors (Gov. Code 955.2) |
| City | City Clerk | City Clerk (Gov. Code 955.3) |
| School District | Secretary or Clerk of governing board, or Superintendent | Same officials |
| Special District | Clerk, Secretary, or official designated to receive claims | Same official |
Filing a lawsuit against a government entity without first presenting a timely claim is almost always fatal to your case. The claim requirement is jurisdictional for tort actions. Miss the 6-month deadline for personal injury claims, and your case is barred—no exceptions for minors, mental incapacity, or other equitable considerations (though late claim petitions are possible within one year).
Federal Government
Service on the United States or federal agencies requires compliance with Federal Rules of Civil Procedure Rule 4(i), even in state court:
- United States: Serve the U.S. Attorney for the district, the Attorney General in Washington D.C., and the agency (if suing an agency)
- Federal Officers in Official Capacity: Same as serving the United States, plus serve the officer
- Federal Officers in Individual Capacity: Personal service on the officer, plus notify the Attorney General and U.S. Attorney
Quick Reference: Entity Service Chart
| Entity Type | Primary Statute | Preferred Service Method |
|---|---|---|
| California Corporation | CCP 416.10 | Agent for service of process via Secretary of State records |
| Foreign Corporation | CCP 416.10, Corp. Code 2105 | California agent (if registered) or Secretary of State (if not) |
| LLC | Corp. Code 17701.16 | Agent for service of process |
| Partnership | CCP 416.40 | General partner or person designated for service |
| State of California | Gov. Code 955 | Attorney General or Department of General Services |
| County | Gov. Code 955.2 | Clerk of Board of Supervisors |
| City | Gov. Code 955.3 | City Clerk |
Proof of Service Forms and Documentation
Proof of service is as important as service itself. Without proper documentation filed with the court, your service might as well not have happened. Use the correct Judicial Council form (POS-010, POS-020, POS-030, or POS-040) and file it promptly. Incomplete or inaccurate proofs of service are one of the most common reasons defaults get vacated.
Judicial Council Proof of Service Forms
| Form | Purpose | When to Use |
|---|---|---|
| POS-010 | Proof of Service of Summons | Initial service of summons and complaint on defendant |
| POS-020 | Proof of Service by First-Class Mail | Service of papers (other than summons) by mail |
| POS-030 | Proof of Personal Service | Personal delivery of papers (other than summons) |
| POS-040 | Proof of Service—Civil | General proof of service for various methods |
| POS-050 | Proof of Electronic Service | Service by electronic means (e-service) |
Judicial Council forms are available at: courts.ca.gov/forms.htm
Search for "POS" to find all proof of service forms. Always use the current version—forms are updated periodically.
POS-010: Proof of Service of Summons
This is the critical form for initial service of process. A defective POS-010 can result in quashed service or vacated defaults.
Required Information:
- Server identity: Name, address, state of residence
- Server qualifications: Age (must be 18+), not a party, registration status (if registered process server)
- Person served: Name and address
- Service method: Personal, substitute, or other (with details)
- Date and time of service
- Documents served: Summons, complaint, and any other documents
- For substitute service: Description of person served, relationship to defendant, mailing date
- Declaration under penalty of perjury
- Item 1: Name of person served matches defendant exactly as named in complaint
- Item 2: Address where service occurred is specific (not P.O. Box for substitute service)
- Item 3: Server information complete (name, address, age confirmation)
- Item 4: Service method correctly identified (personal/substitute/mail/publication)
- Item 5 (substitute): Person served identified with sufficient detail (name, approx. age, relationship)
- Item 5 (substitute): Mailing information complete with date mailed
- Item 6: Fee information (if registered process server)
- Declaration signed under penalty of perjury with date and location
- If registered process server: Registration number and county included
For Substitute Service: Documentation Requirements
Substitute service proofs require additional detail because courts scrutinize them more carefully:
Describe the person served:
- Name (or physical description if name unknown)
- Apparent age (must be 18+)
- Relationship to defendant or position at business
- How they were informed of the contents
Document prior diligence:
- Dates and times of personal service attempts
- What happened at each attempt
- Information gathered about defendant's whereabouts
Mailing information:
- Date copy was mailed
- Address to which copy was mailed
- City and state of mailing
If the person accepting substitute service won't give their name, describe them in detail: "A woman, approximately 35-40 years of age, 5'6" tall, with brown hair, who stated she was defendant's sister and resided at the address." Courts have accepted such descriptions, but the more detail the better. "Jane Doe" alone is insufficient.
For Service by Publication: Required Documentation
Publication service requires a complete paper trail:
- Motion and declaration supporting publication service (filed before publication)
- Court order authorizing publication service
- Affidavit of publication from the newspaper (after publication complete)
- Proof of mailing to defendant's last known address
- POS-010 or declaration combining all service information
Filing and Timing Requirements
| Document | When to File | Notes |
|---|---|---|
| Proof of Service of Summons | Promptly after service; required before default | CCP 417.10 requires filing "forthwith" |
| Proof of Service (other papers) | With or before the document being served | Many courts require POS attached to all filings |
| For Default Judgment | Must be filed before requesting default | Clerk will reject default request without POS on file |
Before entering a default judgment, review the proof of service for any defects. Common issues that lead to vacated defaults: wrong address, incomplete description of substitute service recipient, missing mailing information, unsigned declaration, wrong service method checked. These technical defects give defendants easy arguments for relief under CCP 473.
- Use correct form: POS-010 for summons, POS-020/030/040 for other documents
- Complete all fields: Missing information can void your service
- Detail is essential: Especially for substitute service—document who, what, when, where
- File promptly: Don't wait; file proof of service "forthwith" as required by CCP 417.10
Common Service Defects That Lead to Quashed Service
Defective service is one of the most common procedural errors in litigation. When defendants move to quash service, they're often successful because plaintiffs or their servers made avoidable mistakes. Understanding these pitfalls helps you avoid them—or exploit them when defending against improper service.
Motion to Quash: The Standard
A defendant who believes service was defective can file a motion to quash under CCP 418.10. The motion must be filed before or with the demurrer or answer—otherwise the defendant may waive the objection.
Burden of Proof:
- Registered process server: If served by a registered process server, the proof of service creates a presumption of valid service (Evidence Code 647). Defendant must rebut with evidence.
- Unregistered server: No presumption. Plaintiff bears the burden of proving proper service.
Top 10 Service Defects
The defect: Attempting substitute service without first making reasonable efforts at personal service.
Why it fails: CCP 415.20 requires that personal service "cannot with reasonable diligence" be accomplished. One or two attempts usually isn't enough.
What courts expect: At least 2-3 attempts at different times and days, with documentation of what happened at each attempt.
How to avoid: Document every attempt in detail. Vary times (morning, evening, weekend). Note who answered the door and what they said.
The defect: Serving at an address where the defendant doesn't actually reside or work.
Why it fails: Service must be at the defendant's "dwelling house, usual place of abode, usual place of business, or usual mailing address."
Common scenarios: Old address (defendant moved), family member's address, address from outdated records.
How to avoid: Verify current address through multiple sources: DMV, voter registration, utility records, skip tracing. Don't rely solely on the address in the contract or transaction giving rise to the lawsuit.
The defect: Leaving papers with someone who doesn't qualify under CCP 415.20.
Requirements: The person must be (1) apparently in charge of the location, (2) at least 18 years old, and (3) informed of the contents.
Problem scenarios: Minor child, guest who doesn't live there, low-level employee with no apparent authority, person who appeared intoxicated or mentally impaired.
How to avoid: Document who the person is, their apparent age, their relationship to defendant or role at the business, and confirm they understood they were receiving legal papers.
The defect: Completing the "leave" portion of substitute service but failing to mail a copy.
Why it fails: CCP 415.20(b) requires both leaving the papers AND mailing a copy. Missing either element voids the service.
How to avoid: Treat substitute service as a two-step process. Don't consider it complete until the mailing is documented. Use certified mail or keep proof of mailing.
The defect: Serving someone at a corporation or LLC who isn't authorized to receive service.
Why it fails: CCP 416.10 specifies who can be served for a corporation. Serving the receptionist, a random employee, or a non-officer doesn't count.
Common mistakes: Serving whoever answers the door, serving a subsidiary employee for parent company, serving at registered agent's address but not to the agent personally.
How to avoid: Check Secretary of State for current agent. If serving at the entity's office, confirm the person's title and authority. Document their position.
The defect: Proper service actually occurred, but the proof of service is incomplete or inaccurate.
Common issues: Missing signature, wrong date, insufficient description of substitute service recipient, contradictory information, unsigned declaration.
Why it matters: Even if service was proper, a defective proof can lead to quashed service or vacated defaults because the court can't verify compliance.
How to avoid: Review POS-010 carefully before filing. Verify all dates, addresses, and descriptions match reality. Have server review for accuracy.
The defect: Using a P.O. Box address for substitute service.
Why it fails: CCP 415.20(b) explicitly excludes P.O. Boxes from substitute service locations. You can't leave papers with someone "at" a P.O. Box.
How to avoid: For defendants who use only P.O. Box addresses, you must investigate their actual physical address for substitute service. Consider service by mail with acknowledgment (CCP 415.30) or publication if physical address truly cannot be determined.
The defect: The plaintiff or their attorney personally served the papers.
Why it fails: CCP 414.10 requires the server to be someone other than a party to the action.
How to avoid: Always use a third party—process server, friend, paralegal, anyone who is not named in the case.
The defect: Serving a defendant in a Hague Convention country without following Hague procedures.
Why it fails: The Hague Service Convention is a treaty obligation. California courts will quash service that violates it, and any judgment may be unenforceable abroad.
Common mistakes: Mailing directly to defendant abroad, using a U.S. process server to serve someone overseas, serving through the defendant's U.S. counsel.
How to avoid: Check if the country is a Hague member. If so, use the Central Authority process. Allow 3-6 months minimum.
The defect: Obtaining a publication order without truly exhausting other service methods.
Why it fails: CCP 415.50 requires that defendant "cannot with reasonable diligence be served in another manner." Courts will vacate publication service if the plaintiff didn't actually try hard enough to find the defendant.
What courts expect: DMV search, voter registration, property records, court records, social media investigation, skip tracing, contact with known associates or family.
How to avoid: Document every search and attempt. Be specific in your declaration. Explain why each method failed or was unavailable.
If you're facing a motion to quash and your service was marginally sufficient, focus on the defendant's actual notice. Courts are reluctant to quash service when the defendant clearly knew about the lawsuit (e.g., their attorney called you the day after service). Argue substantial compliance and actual notice. If the defect is technical but the defendant suffered no prejudice, courts may exercise discretion to uphold service.
Consequences of Defective Service
| Scenario | Consequence | Remedy |
|---|---|---|
| Service quashed before answer | Must re-serve; may need new summons | Correct the defect and serve again properly |
| Default entered on defective service | Default likely vacated under CCP 473 or 473.5 | Re-serve and start over; defendant gets to answer |
| Default judgment on defective service | Judgment may be vacated; may be void | Opposition likely succeeds; start case over |
| Trial held without proper service | Judgment potentially void for lack of jurisdiction | May be attacked collaterally at any time |
A judgment obtained without proper service may be void (no jurisdiction over the defendant) rather than merely voidable (subject to time-limited attack). Void judgments can be attacked at any time—even years later during enforcement. If you're entering a default judgment and there's any doubt about service, cure the defect rather than risk having your judgment vacated years down the road.
Service of Process Support
I'm Sergei Tokmakov (CA Bar #279869), a California attorney who supports litigants and counsel facing service of process challenges. Whether you need help with an evasive defendant, international service complications, or defending against a motion to quash, I can provide guidance on California's service requirements.
Service Issues I Handle
- ✓ Motion to quash service defense
- ✓ Service by publication applications
- ✓ International/Hague Convention service
- ✓ Service on corporations and LLCs
- ✓ Government entity service compliance
- ✓ Proof of service review
Related Litigation Support
- ✓ Default judgment packages
- ✓ Motion to set aside default
- ✓ Discovery disputes
- ✓ Meet and confer compliance
- ✓ Case management conference prep
- ✓ Anti-SLAPP motion analysis
Engagement Model
| Service | Typical Structure | Turnaround |
|---|---|---|
| Service Strategy Consultation | Flat fee or hourly | 1-3 business days |
| Motion to Quash Opposition | Flat fee | 5-7 business days |
| Publication Service Application | Flat fee | 3-5 business days |
| International Service Coordination | Hourly (ongoing) | Varies by country |
CCP 585-587 procedures for entering default and obtaining default judgment when defendants fail to respond.
California discovery procedures including interrogatories, document requests, depositions, and discovery motions.
California's meet and confer requirements before filing discovery motions, demurrers, and other motions.
Preparing for CMC, filing the CM-110 form, and understanding case management orders.
CCP 425.16 special motion to strike, protected activity analysis, and probability of prevailing.