Mail

Service of Court Papers – gettingstartedselfhelp

what is the service?

The law says that when you sue a person, partnership, corporation, or the government, you must formally notify the other party that you have started the legal process. Likewise, when you are already involved in a case and file documents with the court, you must notify the other party of the documents you have filed. The legal way to give formal notice is to have the other party “serve” you with a copy of the paperwork you have filed with the court.

“service of court papers” means that the other party must get copies of any papers you file with the court. in the “service” a third person (not you) is the one who actually delivers the paperwork to the other party. the person doing this is called a “server” or “process server”.

Until the other party has been properly “served,” the judge cannot enter permanent orders or judgments.

You can read about the specific rules regarding the service at:

  • California Code of Civil Procedure;
  • California Court Rules; and
  • local rules.

process servers

the “server” or “process server” can be:

  • a friend or relative;
  • a co-worker;
  • a sheriff or county bailiff;
  • a professional process server; or
  • any person over the age of 18 who is not a party to the case.

In all cases, the “server” or “process server” shall:

  • be 18 years of age or older;
  • not be a party to the case;
  • deliver the documentation to the other party in the required time;
  • fill out a proof of service form that tells the court who was served, when, where, and how; and
  • return proof of service to you so you can present it in court.

Remember, it is very important that you, whether you are the plaintiff/petitioner or the defendant/respondent, do not serve your own papers.

note: if you hire a process server, provide them with a photo of the person they have to serve (if you have one) and a list of times and places that will be easy to find . that person. Find a process server that is close to where the other party lives or works. fees are often based on the distance the server must travel. so this will save you money.

service types

There are several ways to serve documents. the information here about service types is general. not all of them are allowed in all cases, or at all stages of a case. therefore, for your type of case, only some of these types of services may be allowed. individual sections of this online self-help center will tell you what types of services are allowed for you.

service can be tricky and is very important. if it is not done correctly, you will not be able to proceed with your case. If you’re not sure how to serve your papers, check with your court’s help center, family law facilitator, or small claims attorney, or talk to an attorney. click for help finding a lawyer.

click on the type of service for more information:

  • personal service
  • service by mail
  • superseded service
  • service by service and acknowledgment of receipt
  • service by on-premises notice and mailing (eviction cases only)
  • service by post
  • service by mail (at courthouse)
  • service by mail certified (small claims only)
  • certified mail delivery (to a party that is out of state)
  • delivery to someone who lives out of the country

personal service “personal service” means that someone, who is not a party to the case, must personally serve the court papers on the other party.

in “personalized service”:

  • The server delivers the papers to the party being served. it can be at the party house, at work or anywhere on the street.
  • The server must identify the party served and serve them the legal documents and inform them that they are court documents.
    • If the served party does not want to take the papers, they can be left on the ground in front of him or her. if he or she takes the papers and tears them up or throws them away, the service is still considered valid. the person receiving the notification does not have to sign anything.

    “Personal service” is the most reliable type of service because the court knows for sure that the person served received the documents and, if necessary, can question the server about service.

    since it is the most reliable, the “personal service” is valid in all types of cases. also because it is so reliable, it is usually required when the first documents (the petition or complaint) are served in a case.

    service by mail under “service by mail”, someone, who is not a party to the case, must mail the papers to the other party. Please make sure mail delivery is allowed before using this method to deliver your documents.

    for “mail service”:

    • The server mails the documents to the party being served. If the party receiving service is an individual, the documents may be mailed to their home address or mailing address. if it is a company, the documents must be mailed to the owners at the main office of the company. If the company has an agent for service, the documents must be mailed to the agent for service. Learn more about serving a business.
    • The server then completes a proof of delivery, detailing who the documents were sent to, to what address, when, how (by first class mail), and where they were sent from. the server signs the proof of service and returns it to you for filing with the court.
    • mail notification is completed 5 days after the documents are sent.

    mail service is easy but not very reliable because the court cannot know for sure if someone received the paperwork.

    Substitute Notice Substitute Notice is used after multiple unsuccessful attempts to hand-deliver documents.

    for replaced service:

    • server attempts to hand-deliver papers to the other party several times (usually 3 or more) but cannot find the party at home (or work, if that is the address the server has) . the server should try different days of the week and different times of the day, at times when the other person is likely to be at home (or at work if served there).
    • If the server cannot find the person to serve at each of these times, he may, at the last attempt, leave the papers with someone at the other party’s home for at least 18 years living there. if the server is trying to serve the documents at the other party’s work, then the documents can be left with someone in the office who appears to be in charge and is at least 18 years old.
    • The server must tell the person serving the papers that they are legal documents for the other party. The server must also list the name and address of the person served with the court papers. if the person does not give her name, the server must write a detailed physical description.
    • The server must then mail a copy of the documents to the other party at the address where the documents were left.
    • then, the server must:
      1. write a “due diligence statement,” which is a document for the court detailing every attempt you made to serve the papers in person. it should include the dates you went home or to work, the times of day, and what the result was (for example, “no one answered the door” or “the party is not in the office”). the server must sign this document under penalty of perjury. there is no form for this, but the server can use a declaration (form mc-030). your court’s self-help center may have a local form to help you with this step as well.
      2. Fill out a proof of service, detailing when, where and how the papers were served. the server must make sure to write the name of the person with whom he left the papers (or a detailed physical description). the server signs the proof of service and returns it to you, with the due diligence statement, for presentation to the court.

      Note: Sometimes, like in small claims cases, you can use substituted service the first time the server tries to serve the papers in person and the other party is not home or at work.

      “Superseded service” is not a very reliable type of service because the court does not know for sure if the person who was supposed to be served actually received the paperwork.

      service by notification and acknowledgment of receipt

      When the other party agrees to receive service by mail and is willing to sign a paper for the court saying they received the papers, you can usually use this method. is often used for summons and complaint/petition (in civil or family law cases).

      to notify via notification and acknowledgment:

      • server mails summons and complaint to other party with 2 copies of notice and acknowledgment.
      • other party signs 1 copy of notice and acknowledgment receipt, telling the court that you received the documents in the mail and return them to the server.
      • The server then completes a proof of service, detailing who the documents were sent to, to what address, when, how ( by first class mail) and where they were sent from. the server must attach the notification and the acknowledgment of receipt returned by the other party. the person who served signs the proof of service and returns it to you for filing with the court.
      • service by service and acknowledgment of receipt is completed on the date the other party signs the proof of service acknowledgment of receipt of the form. .

      service by posting on the premises and mailing (for eviction cases only) only in cases of eviction (unlawful detainer), a summons and complaint may be served by posting on the premises at issue in eviction and also mailing. service by mail is used after several attempts to personally serve the documents have failed. A landlord needs court permission to serve their tenant by posting and mailing.

      for service by post and mail (sometimes called “nail and mail”):

      • The server tries to personally serve the papers on the other party several times (usually 3 or more) but cannot find the party at home. the server should try different days of the week and different times of the day, at times when the other person is likely to be home.
      • if the server cannot find the person it should serve at each of those times, and the server cannot find an adult on the premises to leave the documents with (to serve by substitute service, as explained above), then:
        1. type a “statement due diligence,” which is a document for the court that details all of the attempts the server made to serve the papers in person and by substituted service. it should include the dates you went to the home/property, the times of day, and what the result was (eg, “no one answered the door”). the server must sign this document under penalty of perjury. there is no form for this, but the server can use a declaration (form mc-030). your court’s self-help center may have a local form to help you with this step as well. and
        2. file an application with the court requesting permission to serve by “posting and mailing” pursuant to Code of Civil Procedure Section 415.45.
        1. post the summons on the property in a place where the other party (the tenant) is more likely to see it; and
        2. send a copy of the papers to the tenant at the tenant’s last known address, by certified mail.

        service by publication “service by publication” means that you publish the summons and complaint in a newspaper of general circulation in the area where the other party is likely to be located. you have to ask the court for permission to do this. usually used when you don’t know how to find the other side and don’t have an address or place of work for him or her.

        Before the court will give you permission to serve by publication, you will need to prove to the court that you did everything possible to find the other party. each court is slightly different in what they require, but most require that you at least try to find the other party at their last known address or last known job, send letters to the last known address with the requested forwarding address, call the other party friends and family or former co-workers of the other party to inquire about their whereabouts, look up the other party in the phone book of any city where they are likely to be, and search the internet. To find out exactly what your court requires you to do before you can request permission to serve by publication, read your local court rules or ask the court clerk or help center.

        once you have taken all steps required by your court before requesting service by publication:

        • Write a “due diligence statement,” which is a document that tells the court about every attempt you made to find the other party. include as many details as possible. For example, if you called friends and family, write down the dates and what they told you. If you sent a letter to the last known address, explain when you sent it, to what address you sent it, and what the result was. You must sign this document under penalty of perjury. there is no form for this, but you can use a declaration (form mc-030). your court’s self-help center may have a local form to help you with this step as well.
        • fill out an ex parte application for the court order allowing you to serve by publication. You must also attach an order proposal. again, ask your court’s help center if they have a local form for this.
        • if the court grants your request for service by publication, the judge will sign the proposed order and allow you to publish your court document in a newspaper of general circulation in the area.
          • You can make these arrangements with the newspaper. court clerks usually keep a list of newspapers that the court accepts for this purpose. you will have to publish it for 4 weeks in a row, at least once a week.
          • The newspaper must give you an affidavit showing the time and place the document was published.

          service by mail (at the courthouse) “service by mail” means that your process server or the court clerk (depending on how it is done in your court) posts the summons and complaint in the designated place in the courthouse for court notices. such as “service by publication,” you have to ask the court for permission to do this. usually used when you don’t know how to find the other side and don’t have an address or place of work for him or her. But to qualify for “service by publication” and remove the requirement to publish your citation and complaint in a newspaper, you generally must qualify for a fee waiver.

          Before the court will give you permission to serve by mail, you will need to show the court that you did everything possible to find the other party. each court is slightly different in what they require, but most require that you at least try to find the other party at their last known address or last known job, send letters to the last known address with the requested forwarding address, call the other party friends and family or former co-workers of the other party to inquire about their whereabouts, look up the other party in the phone book of any city where they are likely to be, and search the internet. To find out exactly what your court requires you to do before you can request permission to serve by publication, read your local court rules or ask the court clerk or help center.

          Once you have taken all steps required by your court before requesting service, post:

          • Fill out and submit a fee waiver application, requesting that you be allowed to serve by mail. find out how to apply for a fee waiver.
          • Write a “due diligence statement,” which is a document that tells the court of every attempt you made to find the other party. include as many details as possible. For example, if you called friends and family, write down the dates and what they told you. If you sent a letter to the last known address, explain when you sent it, to what address you sent it, and what the result was. You must sign this document under penalty of perjury. there is no form for this, but you can use a declaration (form mc-030). your court’s self-help center may have a local form to help you with this step as well.
          • Fill out an ex parte application for a court order that allows you to serve by mail. You must also attach an order proposal. again, ask your court’s help center if they have a local form for this.
            • If the court grants your fee waiver and request for notice by court posting, the judge will sign the proposed order and allow you to post your summons and complaint in court.

            Serve by certified mail (small claims only) Only the clerk of the small claims court can serve your claim this way. The clerk will charge you a $15 fee to serve the defendant by certified mail. You should check back with the court before the hearing to see if the certified mail receipt was returned to the court. certified mail service is completed on the day the certified mail receipt is signed.

            service by certified mail (for an out-of-state party) when the party to be served lives out of state, documents can generally be served by sending a copy of the documentation to be served on that party by first class mail, postage prepaid, return receipt requested. the person submitting the documents must be at least 18 years old and not a party to the case. the server must complete a proof of service indicating how the papers were served. the service by certified mail is completed on the tenth day after the documents are sent.

            Do not use this type of service to serve a party outside of the United States. the process for serving someone outside the us uu. it’s very complicated. Talk to your court’s help center or a lawyer for help. click for help finding a lawyer.

            serving someone who lives outside the country if you need to serve someone who is not in the united states, you may need to use the process established in the hague convention. For example, if you are filing for divorce and your spouse lives in Mexico, you will need to use the Hague Convention to serve your divorce papers. the process is complicated. your court’s family law facilitator or self-help center can help. or talk to a lawyer. click for help finding a lawyer

            whom to serve

            • if you are suing a person, serve the person you are suing. if you’re suing more than 1 person, give notice to each person you’re suing.
            • if you’re suing a sole proprietorship business (called a sole proprietorship), give notice to the owner .
            • If you are suing a partnership under your business name, notify 1 of the partners. If you are suing a company and its partners, notify each partner. if you are suing a limited partnership, notify the general partner, general manager, or service agent (if any).
            • if you are suing a corporation, notify an officer of the corporation or the service agent. You can find the name of the corporation’s agent for the service on the California Secretary of State’s website.
            • If you are suing a city, notify the city clerk or the agent authorized to accept the service. You can find the address and phone number in the government pages of your telephone directory.
            • If you are suing a county, notify the county clerk or authorized agent to accept service. Check your county website for the county clerk’s address and phone number. or look up the address and phone number in the government pages of your phone book.
            • if you are suing the state of california, you can notify the state attorney general’s office if you are suing the highway patrol roads of california or most consumer affairs boards. If you are suing Caltrans, you must notify the California Department of Transportation. click to see the address of the caltrans headquarters. click to see the mailing address of the attorney general’s office. You can also call the Attorney General’s office at 1-800-952-5225 for more information.
            • If you are suing your landlord, notify the landlord of the building where you live. Your landlord’s name, address, and phone number must be listed on your lease or posted in 2 conspicuous places on the property. You can also get the address of the local tax assessor’s office. If you are suing your landlord and your apartment building manager won’t tell you where the landlord lives, you can notify the manager.

            By filling out and filing proof of service the court should know that the other party was properly served. To do this, the server must carefully complete and sign the proof of delivery detailing how delivery was made, to whom, where, and when. the process server then hands you proof of delivery.

            make a copy of the proof of delivery. take the original and the copy to the court clerk right away for your records. The clerk will stamp the copy “filed” and return it to you.

            keep this copy in a safe place.

            find someone to serve you

            When you sue a person, you file your lawsuit against that person, using their legal name and any aliases. you also need that person’s address. It’s often easy to get this information if you don’t already have it by looking at any documentation you may have about the legal dispute. but sometimes this information is not readily available to you. Here are some ways to locate someone.

            1. Send a letter to the person’s last address. Under your return address, write “return service requested.” do not forward.” if the person filed a change of address with the post office, you will receive the letter with a new address. get more information from the united states postal service.
            2. go to to the local post office that covers the area of ​​the person’s last known address. ask if the person left a forwarding address.
            3. call “411” for city ​​or cities where you think the person may live or work. if the person is on the list, you may be able to get their address or you may only get the phone number, but you can use the phone number to try other things to get the address
            4. search free phone directories online. you can do an internet search to try to locate the person some internet searches are free and if the person is listed, you can get the phone number or address .
            5. search online on sites that search for people. You may be able to pay a small fee to an internet company to provide you with the address or phone number of the person you are looking for. in that case, the more details you have about the person you’re searching for (such as date of birth or approximate age), the more accurate the results you’ll get.
            6. Search for social networking sites. You can search for popular social networking sites where people often include their name, location, and perhaps other information you might find useful. or you can email them through the social networking site if you think they can cooperate with you and give you information so you can serve them legal papers
            7. use a reverse phone directory. if you only know the person’s phone number, you can get the address from a reverse phone directory, which allows you to search by phone number to get the name and address of the subscriber for that phone number. but the address and name will not be in the reverse directory if the phone number is not listed.
              • You can also use an online reverse phone book. there are several of these. just search for “reverse phone book”.
              • You can also check a reverse telephone directory at the main branch of your public library.
              • The county tax assessor’s office can look up the tax records for you. Tax rolls at the assessor’s office list the names and addresses of owners in the county, both by owner name and property address. The tax assessor’s address and phone number can also be found in the government pages of your phone book. it is usually in the county section under the assessor.
              • You can also get this information from your county recorder/recorder’s office. Owners are listed by name, and each listing includes the location of the property owned. the address and phone number of your county recorder/registrar’s office can also be found in the government pages of your phone book. it is usually found in the county section below the registrar.
              • for california state prison: call the california department of correction and rehabilitation (cdcr). You must have the inmate’s cdc number or the inmate’s full name and date of birth for information. Find the California Department of Corrections and Rehabilitation inmate locator phone number. find a list of california correctional facilities.

Leave a Reply

Your email address will not be published. Required fields are marked *