How to Serve Papers in California Small Claims Court

Service of process is one of the most critical steps in a California small claims case. It is also one of the most common reasons cases get delayed or dismissed. Improper service means the court cannot proceed, even if you have a strong case.

California law requires strict compliance with service rules. You must use an approved method, meet specific deadlines, and file proof that service was completed. Here is how to handle each part correctly.

The Fundamental Rule: You Cannot Serve the Papers Yourself

This trips up many first-time filers. Under California law, the plaintiff cannot personally deliver court papers to the defendant. Service must be performed by a "disinterested" adult who is at least 18 years old and is not a party to the case.

Your options for who can serve include:

• A friend, family member, or coworker (as long as they are not involved in the dispute)
• A professional process server (typically $30 to $75 per attempt)
• The county sheriff's office ($40 to $75 depending on the county)
• The court clerk, via certified mail ($15)

Method 1: Personal Service

Personal service means someone physically hands the court papers (the filed SC-100) directly to the defendant. This is the most reliable method because there is no question about whether the defendant received the documents.

Deadlines for personal service:

• Same county as the courthouse: At least 15 days before the hearing date
• Different county: At least 20 days before the hearing date

Serving different types of defendants:

• Individual: Hand the papers directly to that person.
• Business (sole proprietorship): Serve the owner.
• Corporation or LLC: Serve the registered Agent for Service of Process, an officer, a managing agent, or a general manager. You can find the agent's name and address through the California Secretary of State's business search at bizfileonline.sos.ca.gov.

Personal service is complete the moment the papers are handed over. The defendant does not need to accept them willingly. If they refuse to take the papers, the server can set them down at their feet and walk away. That counts.

Method 2: Substituted Service

Substituted service is used when the defendant cannot be found for personal service despite reasonable attempts. The server must first attempt personal service two to three times at different times and on different days before switching to substituted service.

How substituted service works:

1. Leave the papers with a competent adult (at least 18 years old) at the defendant's home or business. This person must appear to be "in charge" at a business, or a resident at a home.
2. Mail a copy of the papers via first-class mail to the same address where the papers were left.
3. Service is considered complete 10 days after mailing.

Deadlines for substituted service:

Because service is not complete until 10 days after mailing, you need more lead time:

• Same county: Papers must be left and mailed at least 25 days before the hearing date (15 days + 10 days for mailing)
• Different county: At least 30 days before the hearing date (20 days + 10 days for mailing)

The server should document every attempt at personal service, including dates, times, and what happened at each attempt. This documentation becomes part of the proof of service.

Method 3: Certified Mail by the Court Clerk

Some filers prefer to have the court clerk handle service. The clerk mails the SC-100 to the defendant via certified mail with a return receipt requested.

How it works:

1. When you file your SC-100, request that the clerk serve the defendant by certified mail.
2. Pay the fee (typically $15).
3. The clerk mails the papers and tracks the return receipt.

The catch:

Certified mail service is only valid if the defendant personally signs the return receipt. If someone else signs for it (a roommate, a receptionist), service is invalid. If the defendant refuses to accept the certified letter, service is also invalid.

Because of this risk, certified mail by the clerk is best suited for cases where you are confident the defendant will sign for the mail. For contested cases or defendants who might be evasive, personal service or substituted service is more reliable.

Filing Proof of Service (Form SC-104)

Regardless of which method is used, the person who performed service must complete Form SC-104 (Proof of Service). The form documents:

• The name of the person served (or the person who accepted the papers in substituted service)
• The date, time, and location of service
• The method used
• The server's name, address, and signature

SC-104 must be filed with the court clerk at least 5 days before the hearing date. If it is not filed on time, the judge may postpone the hearing or dismiss the case.

What if the Defendant Avoids Service?

Some defendants intentionally dodge service. If you have exhausted personal and substituted service options, you can:

• Request a continuance: Ask the court to reschedule the hearing to give you more time to complete service.
• Try the defendant at different locations: Their workplace, a regular hangout, or an address from public records.
• Use a professional process server: Experienced servers are skilled at locating and serving evasive individuals.

In rare cases where the defendant truly cannot be found, the court may authorize "service by posting" or other alternative methods, but this is uncommon in small claims.

Common Service Mistakes

The most frequent service errors that lead to delays or dismissals:

• Plaintiff serves the papers personally (not allowed)
• Server is under 18 (must be an adult)
• Deadlines missed (served too close to the hearing date)
• SC-104 filed late (must be at least 5 days before the hearing)
• Wrong person served (serving a business's receptionist instead of the registered agent)
• Certified mail signed by the wrong person (only the defendant's signature counts)

Get It Right the First Time

Service mistakes are entirely preventable with the right preparation. Know your deadlines, choose the right method for your situation, and make sure SC-104 gets filed on time.

The complete California Small Claims Court Filing Guide walks you through every step -- from demand letter templates and SC-100 form instructions to evidence worksheets and post-judgment collection methods. It includes a service deadline calculator and SC-104 examples so you can complete service correctly on the first attempt.