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You are here: Small Claims > What to Do If You Are Suing > Serve Your Claim
Click on a topic below:
What is "service"?
When must I serve my claim?
Who can serve?
How do I serve someone?
How does the judge know that I served my claim?
How is personal service done?
How is substituted service done?
Can the court serve the papers for me?
Must I serve the defendant in California?
Who do I have to serve?
What do I do after I serve the defendant and file my proof of service?
What if the court papers do not get served?
What if I can't get the court papers served before the trial?
Where can I find more information about service?
What is "service"?
"Service" or "serving" is when someone—not you or anyone else listed in this case—gives a copy of your court papers to the person, business, or public entity you are suing. Service lets the other party know:
- What you are asking for,
- When and where the trial will be, and
- What they can do.
Do not serve fee waiver forms. These forms are only for the court.
There are strict rules for serving court papers.
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When must I serve the claim?
It depends on how you serve your claim.
If you are the Plaintiff, serving the Plaintiff's Claim (form SC-100):
- For personal service: Serve your claim at least 15 days before the court date (or 20 days if the person, business, or public entity you're serving is outside the county).
- For substituted service: Serve your claim at least 25 days before your court date (or 30 days if the person, business, or public entity you're serving is outside the county). If the person, business, or public entity you have to serve is outside California or if you are serving a different form, ask the Small Claims Advisor for more information.
If you are the Defendant, serving the Defendant's Claim (form SC-120):
- For personal or substituted service: Serve your claim at least 5 days before the court date.
- But, if you were served 10 days or less before the court date, you must serve your claim at least 1 day before the court date.
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Who can serve?
A friend, a process server, or the Sheriff. The server must be at least 18 and not listed in the case.
- A "process server" is someone you pay to deliver court forms. Look in the Yellow Pages under "Process Serving."
- The Sheriff (or Marshal if your county has one) can also deliver court forms. Ask the court clerk how to contact the Sheriff. Or look in the county section of your phone book under "Sheriff." You must pay the Sheriff, unless you qualify for a fee waiver.
Click here for more information about process servers.
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How do I serve someone?
There are 3 different ways to serve someone:
- Personal Service
- Substituted Service
- Service by Certified Mail by the Court Clerk
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How does the judge know that I served my claim?
Your server has to fill out a form called Proof of Service (Small Claims) (form SC-104), for each person, business, or public entity served. The Proof of Service tells the court who was served, and when, where and how they were serve.
Once your server fills out and signs the Proof of Service, you must file it with the Court at least 5 days before your court date.
If you don't have a Proof of Service for each person served, or if the Proof of Service is filled out wrong, the judge won't be able to hear your case.
How is personal service done?
Ask someone who is at least 18 and not listed in this case to personally "serve" (give) a copy of your court papers to the person you are suing, or to the agent legally authorized to accept court papers for the person, business, or public entity you are suing.
Tell the server to:
- Walk up to the person to be served.
- Say, "These are court papers."
- Give the person copies of all the court papers. If the person won't take the papers, just leave them near the person. It doesn't matter if the person tears them up or throws them away.
- Fill out and sign page 2 of the Proof of Service (Small Claims) (form SC-104).
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How is substituted service done?
If the person you have to serve is not at home or work when your server goes there, your server can give the court papers to:
- A competent adult (at least 18) living at the home with the person to be served, or
- An adult who seems to be in charge where the person to be served usually works, or
- An adult who seems to be in charge where the person receives mail (including a private mailbox, but not a U.S. Postal Service P.O. Box). Note: This is only for cases where the physical address of the person to be served is not known.
Your server also has to:
- Tell the person s/he's leaving the court papers with to give them to the person you're suing.
- Write down the name of the person s/he gave the court papers to. If the person won't give his/her name, your server must write down a physical description of the person who took the papers.
- Mail another copy of the court papers by first-class mail to the person you're suing at the same address where your server left the papers.
- Fill out and sign page 2 of the Proof of Service (Small Claims) (form SC-104)
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Can the court serve the papers for me?
Yes. You can pay the court to mail your claim to the person you are suing. But if the person you are suing or the person's agent for service doesn't sign the U.S. Postal Service mail receipt with his or her complete name, or if someone else signs the receipt, you will have to serve again using personal or substituted service.
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Must I serve the defendant in California?
Yes. You must serve the defendant in California unless:
- You're suing about property located in California, and the owner doesn't live in California, or
- You had a car accident in California, and the owner or driver of the other car doesn't live in California.
Ask the Small Claims Legal Advisor for help on how to serve someone outside California.
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Who do I have to serve?
If you are suing a person (or people)—not a business or public entity—serve each person you are suing. For example, if you were in a car accident and you are suing the owner and the driver of the car, you must serve both people.
If you are suing a business or public entity, click on a topic below:
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What if I'm suing a partnership?
- If you're just suing the business, serve one of the partners.
- If you're suing a business and the partners, serve each partner.
- If you're suing a limited partnership, serve the general partner or general manager.
- If the business has an agent for service, you can serve the agent.
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What if I'm suing 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 of State to get more information about the corporation, such as a list of the corporation's officers.
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What if I'm suing my landlord?
Serve the owner. Your landlord's name, address and phone number should be on your lease, or posted on 2 conspicuous places on the property. You can also get the address from your local tax assessor's office .
If the lease has the manager's name and address, and the manager won't give you the address of the owner, you can serve the manager.
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What if I'm suing the county?
Serve the county clerk or agent authorized to accept service. 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.
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What if I'm suing the city?
Serve the city clerk or agent authorized to accept service. Find the address and phone number in the government pages of your phone book. It's usually listed in the city section, under CLERK.
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What if I'm suing the state?
You can 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, you must serve the California Department of Transportation. Click here for the Headquarters’ address. 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.
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What if I'm suing the federal government?
You can't sue the federal government in small claims court.
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What do I do after I serve the defendant and file my proof of service?
After you serve the defendant and file your proof of service with the court, you should prepare for your hearing.
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What if the court papers do not get served?
The judge cannot hear your case unless the court papers were served correctly.
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What if I can't get the court papers served before the trial?
If you were not able to serve your claim (form SC-100 or SC-120) before the deadline for service, talk to your Small Claims Clerk or the Small Claims Legal Advisor. Each county has its own rules.
If you already served your claim on some parties but not everyone you are suing, you may need to fill out and file a Request to Postpone Small Claims Hearing (form SC-110), at least 10 days before the trial date (or explain why you couldn't meet the 10-day deadline). Then give or mail a copy of this form to all other Plaintiffs and Defendants listed on your court papers.
If the judge agrees to postpone your court date, you will get a new court date to give you time to serve everyone properly.
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Where can I find more information about service?
Click here to get more information about service from the Department of Consumer Affairs' Web site.
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Last modified: 03/17/2008
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