Ask the sheriff to serve court papers

"Service" means that you must have someone (not you) give a copy of the papers you file to the other side. A sheriff or marshal can try to personally serve (deliver) your court papers. In some cases, they can do it for free. If you do not qualify for free service, the sheriff will charge a fee.

Before you start

To ask the sheriff to serve your papers, you must have an address or location for the person you need served. Most people ask the sheriff to serve their papers when they have to serve the other side in person (personal service). Once you have an address, follow the steps below to ask the sheriff to serve your papers.

If you need to serve a person in prison in California

If the person you need to serve is in a prison in California, do not follow the steps below. Prison staff, not the sheriff, will serve your papers. For serving papers at a prison, follow the instructions by the California Department of Corrections and Rehabilitation.

If you need to serve a person in county jail

If the person you need to serve is in county jail, follow the steps below.

If you are in Trinity County,

 ask the marshal to serve your papers for you, not the sheriff. Follow the same steps below.

How to ask the sheriff to serve your court papers

  • Fill out required form

    Request for Sheriff to Serve Court Papers (form SER-001)

    Use this form to ask the sheriff to serve the other party (other side in your case) with your court papers. If you have to serve more than one person, you must complete a separate form SER-001 for each person. 

    • Location of person (item 4): The sheriff will try to serve the person at the address you give.  If you have more than one address (like a work address and a home address) you can list both (in item 4a and 4b) and write the hours that the person will be at each address. 
    • Type of court papers you are serving (item 5a): In this section, give a brief description of the type of papers you want served (examples: divorce or small claims).
      What if I have different types of papers that need to be served?
      If you have different types of papers that need to be served on the same person, you may need to complete a separate form SER-001 for each set of papers. For example, if you opened a civil harassment restraining order case and an eviction case against your roommate, you will need to complete a form SER-001 for the restraining order case and another one for the eviction case.  Contact the sheriff's office if you have questions about whether more than one form SER-001 is needed. 
    If you want to enforce a writ or levy, you will need to complete Special Instructions for Writs and Levies (form SER-001A), in addition to form SER-001.  For many types of writs and levies, the law requires you to provide specific instructions or information to the sheriff. Make sure you include the information on form SER-001A. If you have questions about what is required in your situation, talk with a lawyer, or contact your court's self-help center.

     

    If you are asking the sheriff to enforce a wage garnishment order on your employer, do not use form SER-001. Instead, use forms WG-001, Application for Earnings Withholding Order, and WG-035, Confidential Statement of Judgment Debtor's Social Security Number.

  • Give papers to sheriff

    Give form SER-001 and a copy of all the court papers you need served to the sheriff, including a copy of a fee waiver (if you have one). You will need to contact the sheriff's office for more details on how to turn in your papers.

    • Turn in your papers in person: It is usually the "civil section" of the sheriff's office that accepts papers for service.
    • Turn in your papers electronically: If you do not have to pay a fee to the sheriff, you can send your papers to the sheriff electronically. If you have to pay a fee, the sheriff may require you to turn in your papers in person. 
    Yes, you can have someone else turn in your papers for you. Make sure you complete and sign form SER-001 (and SER-001A if it applies to your situation). Even if someone turns in the form for you, list your name in item 2, and you or your lawyer must sign the form.

  • Get papers back from sheriff

    You should get a form back from the sheriff that will let you know whether they were able to serve your papers. If you have not received anything, contact the sheriff's office.

    • If the sheriff served your papers

      If the sheriff was able to serve your court papers, you should receive a form (called a proof of service). Make sure you get a copy from the sheriff and file it with the court. Note that if there is a court stamp at the top right corner of the first page, it has already been filed and you do not need to file it with the court. 

    • if the sheriff did not serve your papers

      If the sheriff was unable to serve your court papers, you should receive a form (sometimes called declaration of due diligence) that tells you that the sheriff was unable to serve your court papers. It will also give details about the dates and times the sheriff tried to serve the person. If the sheriff was unable to serve your papers, you can ask a lawyer or court's self-help center about your next steps.

  • Next step in your case

    Your next step will depend on whether the sheriff was able to serve your court papers. 

    • If service was successful, go to the next step in the process for your case. 
    • If service was unsuccessful, you will likely have to try again to get the other side served. In some cases, you may be able to serve the other side another way. Talk with a lawyer, or contact your court's self-help center.

    If you have a court date in the next few weeks, make sure you attend your court hearing even if you were not able to have your papers served. If the judge granted you temporary orders, the orders may expire (end) on the date of your court hearing if you do not attend.

    If your court date is months away, you may need to let the court know that service was unsuccessful. Talk with a lawyer, or contact your court's Self-Help Center or Small Claims Advisor for your next steps.