How to serve legal papers in California

Any adult who is not a party to the case can serve papers. A person who makes more than ten services of process in a calendar year for compensation generally must register with the county clerk and meet the bond requirement; statutory exemptions apply.

Handing the summons and complaint to the person named (CCP 415.10). Service is complete when the papers are delivered.

If personal delivery cannot be made with reasonable diligence, the papers can be left with a competent adult at the person’s home or a person apparently in charge at their business, then mailed by first-class mail. Service is complete on the 10th day after mailing (CCP 415.20).

For personal service of the plaintiff’s claim: at least 15 days before the hearing in the same county, or 20 days outside it. Substituted service requires an additional 10 days (25 or 30 days). Different rules can apply to a defendant’s claim. File the proof at least five days before the hearing.

A signed form, usually Judicial Council form POS-010 for a summons, in which the server states how, when and where the papers were served. You file it with the court.

No. A party to the case cannot serve the papers. A friend or relative over 18 who is not a party can, or you can use a registered process server or the sheriff.