Proper service is essential—defective service means starting over or losing your case
Service: The Most Common Point of Failure
After filing your small claims case, you must legally notify the defendant. This is called "service of process." California law (CCP § 116.340) requires proper service—without it, the court cannot enter a judgment, even if you win.
I've seen countless cases dismissed or delayed because plaintiffs didn't serve correctly. The rules are strict but manageable if you follow them precisely.
Who Can Serve the Papers?
California law requires service by a neutral third party. You (the plaintiff) CANNOT serve your own papers.
Eligible Servers
Any person 18+ years old who is NOT a party to the case
Sheriff or marshal's office
Registered process server
Friend or family member (over 18, not named in lawsuit)
Critical: If you serve the papers yourself, service is void. The court will reject it, and you'll have to start over with proper service—potentially missing your hearing date.
Service Methods Ranked by Reliability
Personal Service BEST
Papers handed directly to defendant
Most reliable for court acceptance
Defendant cannot claim they didn't receive
Required minimum: 15 days before hearing (or 20 if outside county)
Substituted Service
Left with competent adult at home or work
Also mailed to same address
Used when defendant evades personal service
Must attempt personal service first
Certified Mail (with restrictions)
Clerk mails, return receipt required
Only valid if defendant signs
If unclaimed/refused: service fails
Easy but risky option
Service by Posting
Court order required
Only after all other methods fail
Posted at defendant's last known address
Rarely used in small claims
Service Deadlines
Papers must be served minimum days before your hearing:
Service Type
Same County
Different County
Out of State
Personal Service
15 days
20 days
30 days
Substituted Service
25 days
30 days
40 days
Certified Mail
25 days
30 days
N/A
Count Carefully: Don't count the day of service or the hearing day. If your hearing is on the 20th and you need 15 days, service must be complete by the 4th at the latest.
How to Serve: Step by Step
Personal Service on an Individual
Locate the Defendant
Find their home address, workplace, or another location where they can be found.
Give Papers to Your Server
Provide them with copies of your filed claim (Plaintiff's Claim SC-100) plus blank Defendant's Claim form (SC-120).
Server Hands Papers to Defendant
Server must identify the person and hand them the documents directly. Defendant doesn't need to accept—setting papers down in front of them counts.
Server Completes Proof of Service
Server fills out Form SC-104 with date, time, location, and description of person served.
File Proof of Service
Submit the completed SC-104 to the court before your hearing date.
Serving a Business
Corporation: Serve an officer, general manager, or agent for service of process (look up on Secretary of State website)
LLC: Serve a member, manager, or registered agent
Partnership: Serve any general partner
Sole Proprietorship: Serve the owner personally
Business Service Tip: Search the California Secretary of State business database (bizfileonline.sos.ca.gov) to find the registered agent for service. This is the legally designated person/address for receiving lawsuits.
Substituted Service Procedure
Use this when the defendant evades personal service. Requirements:
Attempt Personal Service
Make at least 2-3 attempts on different days and times
Document Attempts
Record dates, times, and what happened at each attempt
Leave Papers with Responsible Person
At home: adult family member. At work: person in charge.
Mail Copy Same Day
Server mails another copy by first-class mail to same address
Service Complete 10 Days Later
Substituted service isn't complete until 10 days after mailing
The Proof of Service Form (SC-104)
Form SC-104: Proof of Service
This form MUST be filed with the court before your hearing. Without it, you cannot proceed.
Your server must complete:
Name and address of person served
Date and time of service
Address where service occurred
Method of service used
Description of person served (if substituted)
Server's signature under penalty of perjury
File Early: Don't wait until the day of your hearing to file the proof of service. File it as soon as service is complete so the court has it on record.
What If Service Fails?
If you cannot complete service before your hearing date:
Option 1: Request Continuance
Ask the court to postpone the hearing. You can do this:
In writing before the hearing
In person at the hearing
Option 2: Serve and Re-File
If significant time has passed, you may need to:
Pay for new service
Request new hearing date
Start the service process fresh
Cannot Locate Defendant?
For genuinely hard-to-find defendants, consider:
Hiring skip trace service
Checking DMV records (with court permission)
Searching social media for current address
Requesting service by posting (requires court order)
Service Costs
Method
Typical Cost
Friend/family (you provide docs)
Free
Certified mail through clerk
$20-30
Sheriff/marshal
$40-75
Private process server
$50-150
Rush/same-day service
$100-300
Recover Costs: You can request service costs be added to your judgment if you win. Keep all receipts.
Having Trouble With Service?
Service complications are common. I can review your situation, suggest the best service method, and help you avoid common mistakes that lead to delays or dismissal.