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You are here: Small Claims > What to Do If You Are Being Sued > How Can I Sue the Person Suing Me? > Serve Your Form
Click on a question below:
When must I serve my form SC-120?
Who can serve my form?
How do I serve someone?
What if I'm countersuing more than one plaintiff?
Who do I serve?
What do I do after I serve the defendant and file my proof of service?
When must I serve my defendant's claim and order to plaintiff?
If you received a copy of Plaintiff's claim more than 10 days before the trial date, you have to serve the plaintiff at least 5 days before the hearing.
If you receive a copy of Plaintiff's claims 10 days or less before the trial date, you have to serve the plaintiff at least 1 day before the hearing.
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Who can serve my form?
The server can be anyone-not you-who is over 18 and not involved in your case. This means a server can be a:
- Sheriff
- Process server
- Friend
- Relative
Remember: The person who serves your claim must complete a proof of service (form SC-104). The form is then filed with the small claims court clerk before the hearing.
You should file the proof of service as soon as you can after the plaintiff is served. If you file your proof of service too close to your hearing date, the court may postpone your hearing. To find out how many days before the hearing you must file your proof of service, contact the court or the small claims legal advisor.
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How do I serve someone?
There are different ways to serve someone:
- Personal Service: Someone-not you-must personally give the claim to the person you are suing (called the "plaintiff"). The plaintiff doesn't have to actually take the claim. It can be dropped in front of them if the person serving informs the plaintiff of the nature of the papers. Remember: Do not serve fee waiver forms. These forms are only for the court.
- Service by Mail: The court clerk sends a copy of the claim by certified mail to the plaintiff. The plaintiff must sign and return a receipt to the clerk. There is a fee for this type of service.
Substituted Service: Someone over 18-not you-must leave a copy of the claim with someone in charge at the plaintiff's office or at least 18 years old at the plaintiff's home. Get the person's name. Tell that person "this is a small claims lawsuit against [name of plaintiff]; please be sure to give it to [name of plaintiff]." Then the person who served your claim must mail a copy of the claim to the plaintiff at the same place and complete a proof of service form. The proof of service form must be filed with the small claims clerk. Service is considered complete 10 days after mailing.
If you only have a private post office box address for the plaintiff, your claim can be left with someone over 18 in charge of the post office boxes. Get the person's name. Tell that person "this is a small claims lawsuit against [name of plaintiff]; please be sure to give it to [name of plaintiff]." Then the person who served your claim must mail a copy of the claim to the plaintiff at the private post office box address. Service is considered complete 10 days after mailing. NOTE: you cannot do this with a United States Post Office box.
What if I'm countersuing more than one plaintiff?
Serve every plaintiff you're suing.
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Who do I serve?
Every person or business you're countersuing must get a copy of your form.
For more information, click on a topic below:
What if I'm countersuing a partnership?
- If you're just countersuing the business, serve one of the partners.
- If you're countersuing a business and the partners, serve each partner.
- If you're countersuing a limited partnership, serve the general partner or general manager.
- If the business has an agent for service, you can serve the agent.
Note: You can only countersue those who have sued you. For example, if you were only sued by the partnership then you cannot countersue both the partnership and a partner.
What if I'm countersuing a corporation?
Serve an officer of the corporation or their agent for service. You can find out the name of the corporation's agent for service at the Web site of the California Secretary of State  . The Web site can also tell you how to write to the secretary to get more information about the corporation, such as a statement of the corporation's officers.
What if I'm countersuing my landlord?
Serve the owner of the property you are renting.
Your landlord must disclose in the lease his name, phone number and usual street address where he may be personally served. If not disclosed in the lease, this information must be posted in two conspicuous places on the property. If the landlord fails to provide this information, the tenant may serve the landlord by sending a copy of the plaintiff's claim by registered or certified mail to the address at which rent is paid. See Civil Code sections 1962-1962.7.
Note: If you have the landlord served in this manner, you must prepare the proof of service yourself.
If your apartment manager rented you the apartment and won't give you the address of the owner, you can serve the manager.
Click here if your landlord lives in another state.
What if I'm countersuing the county?
Serve the county clerk. Check your county's web site for the clerk's address and telephone number. Or find the address and phone number in the government pages of your phone book.
What if I'm countersuing the city?
Serve the city clerk. Find the address and phone number in the government pages of your phone book. It's usually listed in the city section under CLERK.
What if I'm countersuing the state?
You can serve the state Attorney General's office if you're suing CalTrans, the California Highway Patrol, or most consumer affairs boards. Click here for the mailing address of the Office of the Attorney General .
Call the Attorney General's office at 1-800-952-5225 for more information.
Remember: The person who serves the plaintiff must complete a proof of service (form SC-104). The form must then be filed with the small claims clerk before the hearing. Ask the small claims court clerk or small claims legal advisor how many days before the hearing you must file your proof of service.
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What do I do after I serve the plaintiff and file my proof of service?
After you serve the plaintiff and file your proof of service with the court, you should prepare for your hearing.
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Last modified: 03/17/2008
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