What is service?
When you start a court case, you have to let the other side know. This is called giving "notice," and it's required so that both sides know what’s happening. Usually, you give notice by giving court papers to the other side, and this can happen many times during a case. But you can’t just hand them the papers yourself. You have to follow a specific process called “service.” If you don’t follow this process, your case can’t move forward.
Who is the server?
To properly serve your court papers, someone else has to give them to the other side. This person is called a "server." A server can be:
- A friend or relative
- A coworker
- A county sheriff or marshal
- A professional process server
- Anyone over 18 who isn’t part of your case
What does the server have to do?
The server must:
- Be at least 18 years old
- Not be part of your case
- Give your court papers to the other side by the deadline
- Fill out a proof of service form
- Give the proof of service form back to you so you can file it with the court
Why is service important?
The law says that when you sue someone, whether it’s a person, partnership, business, or the government, you must formally let them know that you’ve started the legal process. If you are already in a case and you file new papers with the court, you must also let the other side know about those papers. The legal way to do this is through "service," where a third person (not you) delivers the paperwork to the other side. This person is the "server" or "process server."
The judge can’t make any final decisions in your case until the other side has been properly served. It's very important that you, as the person bringing or responding to the case, do not serve the papers yourself.
Tips for hiring a process server
Look for a process server near where the other person lives or works. This can save you money since fees often depend on how far the server has to travel. Also, try to give the process server a photo of the person they need to serve (if you have one) and a list of times and places where it will be easy to find that person.
Types of service
There are different ways to serve court papers. Not all of them can be used in every case or at every step in a case. The information here is general.
"Personal service" means that someone—not you—gives the court papers to the other person in person.
For personal service:
- The server gives the papers to the other person. This can be at their home, work, or any place.
- The server must make sure they are giving the papers to the right person.
- If the person refuses to take the papers, the server can leave them on the ground in front of them. This still counts as service.
- The server fills out a form called a "proof of service" to show when and where they gave the papers. They give the form back to you so you can file it in court.
Personal service is complete on the day the papers are served. It is the most reliable type of service because the court knows the person received the papers, and the server can be questioned if needed. Because it is reliable, personal service is valid in all types of cases and is generally required when serving the first papers (like a petition or complaint).
In "service by mail," someone—not you—mails the court papers to the other person. Make sure this type of service is allowed before you use it.
For service by mail:
- The server mails the papers to the other person’s home or mailing address. For a business, they mail it to the main office or the person in charge.
- The server fills out a proof of service form, writing down who they sent the papers to, where, and when. They give the form to you to file in court.
Service by mail is complete 5 days after the papers are mailed. This method is easy but less reliable because the court cannot be sure that the other person received the paperwork.
Substituted service is used when the server tries but can’t give the papers to the other person in person.
For substituted service:
- The server tries to serve the papers in person several times (usually 3 or more) but can’t find the person. They try at different times when the person might be home or at work.
- If the server can’t find them, they can leave the papers with another adult at the person’s home or work.
- The server tells the person they give the papers to that these are legal papers.
- The server then mails a copy of the papers to the same address.
- The server writes down each time they tried to serve the papers and why they couldn’t. This should include the dates, times, and what happened (for example, "No one answered the door"). The server signs this document under penalty of perjury and attaches it to the proof of service. This is called a "declaration of due diligence."
- The server also fills out a proof of service form. The server gives you both forms, the proof of service and the declaration of due diligence, to file in court.
Substituted service is complete 10 days after the papers are mailed. This method is less reliable because the court cannot be sure the person who needs to be served received the papers.
This method is used when the other person agrees to get the papers by mail and signs a form saying they got them. It is usually used for the summons and complaint or petition in civil and family law cases.
For this method:
- The server mails the papers with two copies of a form called "notice and acknowledgment of receipt” to the other person. The server includes a postage-paid return envelope addressed to the server.
- The other person signs one copy of the acknowledgment and sends it back to the server in the envelope provided.
- The server fills out a proof of service form and attaches the signed form. They give this to you to file in court.
Service by notice and acknowledgment of receipt is complete when the other person signs the acknowledgement.
This method is for eviction cases. The landlord must get the court’s permission first.
For this method:
- The server tries to give the papers in person but can’t find the tenant.
- If no adult is home, the server writes down each attempt to serve the papers. This is called a "declaration of due diligence."
- The landlord asks the court for permission to serve by posting and mailing.
- If the court agrees, the server posts the papers on the property where the tenant will see them. They also mail a copy to the tenant’s last known address by certified mail.
- The server fills out a proof of service form and gives it to you to file in court.
Service by posting and mailing is complete 10 days after the papers are mailed.
Service by publication means putting a notice in a newspaper. It is used when you cannot find the other person and don’t know their address. You need the court’s permission to do this.
Before the court agrees, you have to show that you tried to find the other person. This might include calling friends or family, checking phone books, or looking online. Each court has different rules, so ask your court or self-help center for help.
Once you have done this:
- Write a declaration of due diligence, explaining everything you tried to find the other person.
- Fill out a form asking the court to allow service by publication.
- If the court says yes, you can arrange for a newspaper to publish the notice once a week for 4 weeks. You must use a newspaper in the area most likely to give actual notice to the person you're trying to serve. That means you should pick a newspaper in the area where they are likely to be living, or, if you don't know, where they last lived or could be found.
- The newspaper gives you proof of when they published it.
Service by publication is complete after 28 days from the first publication date.
Service by posting means having your server or the court clerk put up the notice at the courthouse. It is used when you can’t find the other person. You need a fee waiver and the court’s permission to do this.
Before the court allows this, you must try to find the other person in similar ways as for publication. Once you have tried:
- Ask for a fee waiver.
- Write a declaration of due diligence, explaining what you did to try to find the other person.
- Ask the court for permission to serve by posting.
If the court agrees, the papers are posted at the courthouse.
Service by posting is complete after 28 days from the first posting date.
In small claims cases, you may be able to have the court clerk serve your papers by certified mail. Keep in mind that only the court clerk is allowed to serve this way. Not all courts provide this service, but if your court does, there is a fee of $15. If you can't afford the fee, you can ask to have it waived. Check with the court before the hearing to see if the receipt was returned. Service is complete on the day the receipt is signed.
If the other person lives out of state, the papers can be mailed to them using first-class mail with a return receipt. The server must be at least 18 and not involved in the case. They fill out a proof of service form. Service is complete 10 days after mailing.
This method may not be reliable if the person who signs the return receipt is not the person you're trying to serve, or if the signature isn't clear and the judge can't make sure it was signed by the right person.
Note: Don’t use this method if the person is outside the United States. Serving someone out of the country is complicated, so talk to a lawyer.
If the person is outside the United States, you may have to follow the Hague Convention process or other international laws. It’s complicated, so get help from a lawyer or your court’s self-help center.
Who to serve
Serve the person you are suing. If you are suing more than one person, serve each person.
Serve the owner.
Serve one of the partners. If you are suing a business and its partners, serve each partner. If you are suing a limited partnership, serve the general partner, general manager, or the agent for service (if there is one).
Serve an officer of the corporation or the agent for service. You can find the agent’s name on the California Secretary of State’s website.
Serve the city clerk or the agent authorized to accept service. You can find the address and phone number in the government section of your phone book.
Serve the county clerk or the agent authorized to accept service. Check your county’s website for the clerk’s address or look it up in the government section of your phone book.
Serve the state Attorney General’s office if you are suing the California Highway Patrol or most consumer affairs boards. If you are suing Caltrans, serve the California Department of Transportation. You can find their addresses online or call the Attorney General’s office at 1-800-952-5225 for more information.
Serve the owner of the building where you live. The landlord’s name, address, and phone number should be on your lease or posted in two visible spots on the property. You can also get the address from your local tax assessor’s office. If the manager of your building won’t tell you where the landlord lives, you can serve the manager.
Filling out and filing the proof of service
The court needs to know that the other side was served correctly. The process server must fill out and sign the proof of service form, which shows how, when, and where the papers were served, and who received them. The server then gives you the proof of service.
Make a copy of the proof of service. Take both the original and the copy to the court clerk to file. The clerk will stamp the copy “Filed” and give it back to you.
Keep this stamped copy in a safe place.
Finding someone in order to serve them
- Send a letter to their last known address. Write "Return Service Requested. Do Not Forward" under your return address. If they’ve filed a change of address with the post office, you might get their new address when the letter comes back. Learn more from the United States Postal Service.
- Visit the post office near the person’s last known address. Ask if they have a forwarding address for the person.
- Call 411 for the city where you think the person might live or work. If they are listed, you may get an address or a phone number.
- Search online phone directories. Some searches are free and may give you a phone number or address.
- Use people search websites. Some websites let you pay a small fee to find someone’s address or phone number. The more details you have (like their date of birth), the more accurate the search will be.
- Check social networking sites. Many people list their location and other details online. You might also be able to message them through the site to ask for their information.
- Use a reverse phone directory. If you have a phone number, a reverse directory can give you the address. This won’t work for unlisted numbers. You can find reverse phone directories online or at your public library.
- Ask the person’s friends or relatives. Call, write, or email them. Even if they don’t know the full address, they might know what city the person is in. You can also ask them to pass along your contact information to the person you’re looking for.
- Contact past employers. Ask them if they know where the person might have moved or if they know their new employer’s name and address.
- Search property records if the person owns property.
- The county tax assessor's office can look up property owners by name or address. Their contact information is usually listed in the government section of the phone book under "Assessor."
- The county registrar/recorder's office also keeps records of property owners. Their contact information is usually under "Recorder" in the phone book.
- Check if the person is in prison or jail:
- For California State Prison: Call the California Department of Corrections and Rehabilitation (CDCR). You’ll need the inmate's CDC number or their full name and birth date. Find a list of California correctional facilities.
- For Federal Prison: Use the Federal Bureau of Prison's Inmate Locator. You can search by name or other identifiers like the inmate's Register Number. Find a list of federal facilities.
- For County Jail: Call the county jail. You can find the jail's phone number by calling the county sheriff’s office. Find contact information for California county sheriffs.
- If you don’t know where the person is: Search both state and federal databases and check the counties where they might be held.
Be creative!
You don’t need to know someone’s home or work address to serve them. You just need to find them to give them the papers through a process server. The more you know about the person’s habits or the places they visit, the easier it will be to serve them. For example:
- If you know they often go to a certain coffee shop or gym, you can have the server meet them there.
- You can arrange to meet the person somewhere and have the server hand them the papers during the meeting.
- You can also hire a private investigator to help you find the person.
Serving your court papers
Get help with serving
Service can be hard to understand but is very important. If it’s not done the right way, you can’t move forward with your case. If you aren’t sure how to serve your papers, ask for help at the court’s self-help center or talk to a lawyer.
Find your court's self-help center or a lawyer by clicking one of the buttons below.