Serve your Defendant's Claim by substituted service
Substituted service is a way to deliver (serve) forms to someone who’s not at their home or job when the server comes to deliver the forms to them. Your server hands the papers to another adult that is there and then mails the papers to the address.
Before you start
Your server can only hand the papers to certain people
The server can give the forms to
- Someone 18 or older who lives at the home
- Someone 18 or older who seems to be in charge where the person to be served works
- Someone 18 or older where the person normally gets their mail, but not a United States Postal Service (USPS) Post Office Box
If your server can't find the right people
If your server doesn't find one of those adults at the home or work, they'll need to do personal service. There are different rules and deadlines for personal service. These instructions are only for substituted service – when your server is handing the forms to someone else in place of whoever you're suing.
How to serve by substituted service
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Have your server deliver the papers
Your server:
1. Hands a copy of the papers to either:
- Someone 18 or older who is at the home and lives with the person to be served
- Someone 18 or older who seems in charge where the person works
- Someone 18 or older who seems in charge where the person usually gets their mail, but not a United States Postal Service (USPS) post office box.
2. Tells the person:
"Please give these court forms to [name of person they're trying to serve]."
3. Asks the person their name or writes down what they look like if they won’t give their name.
4. Writes down:
- The address where they gave the person the forms
- The date and time they gave the person the forms
The server needs to keep track of this information to fill it in on the Proof of Service form in the next step. The forms must be served before the deadline you calculated in the last step.
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The server mails a copy of the forms
Next, your server must also mail a copy of the papers to the person being served at the address where they left the forms. This is a backup copy your server needs to send as a second way to make sure the other side knows they're being sued.
Your server writes down:
- The date they mailed the person the forms
- The city and state where they mailed the person the forms
- What type place they mailed the forms from (a post office box or office mail room, for examples), or if they gave them to someone else to mail for them.
Yes, you can have a different server mail the form. If a different server mails the form, that server needs to fill out Proof of Mailing (Substituted Service) (Form SC-104a). -
Have your server fill out the Proof of Service form
Use the Proof of Service (Form SC-104).
You can fill in the top part of the form with the case and court information but the server has to fill out how, when, and where they served the papers from Step 3, above.
- They must check off the forms that were served (Section 3)
- They must fill in the parts about substituted service (Section 4b)
- The server must then fill out information about themselves (Section 5) and
- Date, print their name, and sign the form (Section 6)
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Copy and file the Proof of Service form
- Make one copy of your filled out Proof of Service form.
- File the original and copy before your court date.
- The court will keep the original.
- The court will stamp and return the copy to you.
- Keep the copy for your records.
After you've served your Defendant's Claim, your next step is to get ready for your small claims court date (trial).
Small claims
What's next?
Get information about how to get ready for your court date (trial).