Who may serve a summons and complaint in California?

Anyone who is at least 18 years old and not a party to the case, under CCP section 414.10. That includes a sheriff, a marshal, a friend or relative serving without pay, or a process server. A person who makes more than 10 paid services of process in a calendar year must first register as a process server with the county clerk under Business and Professions Code section 22350.

Can I serve my own summons in a California lawsuit?

No. CCP section 414.10 requires the server to be at least 18 and not a party to the action, so a plaintiff or defendant cannot serve their own summons. Someone else who meets the age and non-party requirement must do it.

Does California require an affidavit or a declaration to prove service?

CCP section 417.10 refers to an affidavit, but CCP section 2015.5 lets the server sign an unsworn declaration under penalty of perjury instead, so a notary is not required. A sheriff or marshal signs an unsworn certificate rather than either one.

Is there an official California proof of service form?

Yes. The Judicial Council's POS-010, Proof of Service of Summons, is the mandatory form for proof of personal service of a summons under CCP section 417.10(f). The Judicial Council also publishes optional forms for later papers, including POS-020, POS-030, POS-040, and POS-050. For proof of personal service of a summons, POS-010 is always required and controls.

How long do I have to serve a summons in California?

The summons and complaint must be served, and the proof of service filed, within 60 days after the complaint is filed, under Cal. Rules of Court, rule 3.110(b), or within 30 days after filing an amended complaint that adds a defendant. Separately, CCP section 583.210 requires service within three years after the action is commenced.

How do I prove service of a motion or other later paper in a California case?

Later papers are served on the party's attorney of record if the party has one, otherwise on the party, under CCP sections 1010 to 1013b, by personal delivery, mail, overnight delivery, or electronic service where allowed. Under CCP section 1013a, the person who mails the papers must be over the age of 18 years, not a party, and a resident of or employed in the county where the mailing occurs, and that person signs a declaration of service; an attorney may sign a certificate instead.

What happens if a California defendant does not return the Notice and Acknowledgment of Receipt?

If the signed acknowledgment is not returned within 20 days under CCP section 415.30, mail service is not complete. The only remedy at that point is that the defendant may be liable for the costs of serving by another method, and the papers must then be served by personal delivery, substituted service, or another method that CCP sections 415.10 through 415.50 allow.

California Proof of Service

Q: Is ordinary mail alone enough to serve a California summons?

No. Ordinary mail alone does not serve a summons in California. Mail service under CCP section 415.30 requires first-class mail with two copies of the Notice and Acknowledgment of Receipt, form POS-015, and a prepaid return envelope, and service is complete only when the defendant signs and returns the acknowledgment. If it is not returned within 20 days, the papers must be served by another method.

California requires proof of service of a summons on the Judicial Council's mandatory POS-010 form, signed as a declaration under penalty of perjury rather than a notarized affidavit, and bars a party from serving the summons or mailing later papers.

Find out where you stand in California

Where are you with service?

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Introduction

California bars a party from serving their own summons. Only a person at least 18 and not a party may serve, under CCP section 414.10, including a sheriff, a marshal, or a registered process server. Proof of personal service must go on the Judicial Council's mandatory POS-010 form, which controls. CCP section 417.10 calls for an affidavit, but CCP section 2015.5 lets the server sign an unsworn declaration under penalty of perjury instead, so no notary is needed; a sheriff or marshal signs an unsworn certificate. Personal delivery under CCP section 415.10 completes service at once. If that is not reasonably possible, CCP section 415.20 allows substituted service: leaving the papers with a household member or person in charge who is 18 or older and is told what the papers are, then mailing a copy, complete on the 10th day after mailing. Ordinary mail alone does not serve a summons; CCP section 415.30 requires a signed, returned Notice and Acknowledgment of Receipt (form POS-015), and without a return within 20 days another method is required. Serve, and file proof of service, within 60 days after the complaint is filed (Cal. Rules of Court, rule 3.110(b)); service must happen within three years after the action is commenced (CCP section 583.210). Later papers are served under CCP sections 1010 to 1013b on a party's attorney of record, otherwise on the party; a mailer must be over the age of 18 years and not a party (CCP section 1013a). Federal, foreign, and government-entity service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

1
Only a non-party who is 18 or older may serve a summons and complaint, including a sheriff, marshal, or registered process server; proof of personal service of a summons must go on the Judicial Council's mandatory form POS-010, and the court's form controls (CCP section 414.10; section 417.10(f)).
2
CCP section 417.10 calls the proof an affidavit, but CCP section 2015.5 lets the server sign an unsworn declaration under penalty of perjury instead, so no notary is needed; a sheriff or marshal signs an unsworn certificate instead.
3
Ordinary mail alone does not serve a summons. Mail service under CCP section 415.30 requires two copies of the Notice and Acknowledgment of Receipt (form POS-015) and a prepaid return envelope, and is complete only when the defendant signs and returns the acknowledgment; if it is not returned within 20 days, you must serve another way.
4
If personal delivery is not reasonably possible, CCP section 415.20 allows substituted service by leaving the papers with a competent household member or person in charge who is 18 or older and is told what the papers are, plus mailing a copy to the same address; service is complete on the 10th day after mailing.
5
The summons and complaint must be served, and the proof of service filed, within 60 days after the complaint is filed (Cal. Rules of Court, rule 3.110(b)); service itself must happen within three years after the action is commenced (CCP section 583.210).
6
Later papers such as motions and notices are served under CCP sections 1010 to 1013b on the party's attorney of record if the party has one, otherwise on the party; a person who mails them must be over the age of 18 years and not a party and signs a declaration, while an attorney may sign a certificate (CCP section 1013a).
7
Starting January 1, 2027, a California proof of personal, substituted, or posted service of a summons must add photographs of the site of each effected or attempted service, each with an automatic date, time, and GPS stamp, on top of the existing POS-010 form (CCP section 417.10, as amended by AB 747).

Key decisions before you file

Before you file a Proof of Service in California, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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PROOF OF SERVICE OF SUMMONS

California Judicial Council form POS-010 is mandatory for proof of personal service of a summons (Code of Civil Procedure section 417.10(f)), and POS-010 controls over this document.

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY] CASE NO. [CASE NUMBER]

At the time of service I was at least 18 years of age and not a party to this action.
I served copies of the following papers: [LIST OF PAPERS SERVED, INCLUDING THE SUMMONS AND COMPLAINT].
I served the papers on [NAME OF PERSON SERVED, AND TITLE OR CAPACITY IF SERVED ON BEHALF OF AN ENTITY].
Method of service, under Code of Civil Procedure section 415.10, 415.20, 415.30, or 415.40 (check the method used):

[ ] PERSONAL DELIVERY I personally delivered the papers to the person served on [DATE], at [TIME], at [ADDRESS], under Code of Civil Procedure section 415.10.

[ ] SUBSTITUTED SERVICE Because the papers could not with reasonable diligence be personally delivered, I left the papers on [DATE], at [TIME], at [ADDRESS], with [NAME OF HOUSEHOLD MEMBER OR PERSON APPARENTLY IN CHARGE], who is at least 18 years old and whom I informed of the general nature of the papers, and I mailed a copy to the same address on [DATE OF MAILING], under Code of Civil Procedure section 415.20.

[ ] MAIL WITH ACKNOWLEDGMENT I mailed the summons and complaint by first-class mail on [DATE], with two copies of the Notice and Acknowledgment of Receipt, form POS-015, and a prepaid return envelope, and the signed acknowledgment was returned on [DATE ACKNOWLEDGMENT RETURNED], under Code of Civil Procedure section 415.30. The signed acknowledgment of receipt is attached.

[ ] OUT-OF-STATE MAIL I mailed the summons and complaint by first-class mail with a return receipt requested to [ADDRESS OUTSIDE CALIFORNIA] on [DATE], under Code of Civil Procedure section 415.40. Evidence of actual delivery: [DESCRIPTION OF SIGNED RETURN RECEIPT OR OTHER EVIDENCE OF DELIVERY].

Notice under Code of Civil Procedure section 412.30 appeared on the summons served: [YES OR NO].
Person who served the papers: Name: [SERVER NAME] Address: [SERVER ADDRESS] [ ] Not a registered California process server. [ ] Exempt from process-server registration under Business and Professions Code section 22350(b). [ ] Registered California process server, registration number [REGISTRATION NUMBER], county of registration [COUNTY OF REGISTRATION]. Fee for service, if any: [FEE]

DECLARATION

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: [DATE] Executed at [CITY AND STATE].

[SIGNATURE] [SERVER NAME]

SHERIFF OR MARSHAL CERTIFICATION

[ ] I am a California sheriff or marshal and I certify that the foregoing is true and correct.

[SIGNATURE] [NAME AND TITLE OF SHERIFF OR MARSHAL]

SEPARATE PROOF OF SERVICE OF LATER PAPERS BY MAIL

I am over the age of 18 years, not a party to this action, and a resident of or employed in [COUNTY], the county where the mailing occurs. On [DATE], I mailed a copy of [TITLE OF LATER PAPER] to [NAME OF ATTORNEY OF RECORD, OR OF THE PARTY IF UNREPRESENTED] at [MAILING ADDRESS], under Code of Civil Procedure sections 1013 and 1013a.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: [DATE] Executed at [CITY AND STATE].

[SIGNATURE] [NAME OF PERSON WHO MAILED]

California Requirements for Proof of Service

Non-Party Server Age 18 or Older
A summons may be served only by a person who is at least 18 years old and not a party to the action; a party cannot serve their own summons (CCP section 414.10).
Mandatory POS-010 Proof of Service Form
Proof of personal service of a summons must be made on the Judicial Council's mandatory form, POS-010; this form controls (CCP section 417.10(f)).
Declaration Under Penalty of Perjury Instead of a Notarized Affidavit
CCP section 417.10 refers to an affidavit, but CCP section 2015.5 allows the server to sign an unsworn declaration under penalty of perjury instead, so no notary is required; a sheriff or marshal signs an unsworn certificate.
Notice and Acknowledgment Required for Mail Service
Mail service of a summons requires first-class mail with two copies of the Notice and Acknowledgment of Receipt, form POS-015, and a prepaid return envelope; service is complete only when the acknowledgment is signed and returned (CCP section 415.30).
Substituted Service Requires Mailing and a 10-Day Completion Date
When personal delivery cannot reasonably be made, the papers may be left with a competent household member or person in charge who is 18 or older and is told what the papers are, followed by mailing a copy to the same address; service is complete on the 10th day after mailing (CCP section 415.20).
60-Day Deadline to Serve and File Proof
The summons and complaint must be served, and the proof of service filed with the court, within 60 days after the complaint is filed, or within 30 days after filing an amended complaint that adds a defendant (Cal. Rules of Court, rule 3.110(b)).
Three-Year Outer Limit to Serve
The summons and complaint must be served within three years after the action is commenced against the defendant, and proof of service must be filed within 60 days after the time service was required (CCP section 583.210).
Non-Party Mailer Required for Later-Paper Proof by Mail
The person who mails a later paper and signs the proof of service by mail must be over the age of 18 years, not a party, and a resident of or employed in the county where the mailing occurs; an attorney may sign a certificate instead (CCP section 1013a).
Process Server Registration Above 10 Paid Services a Year
A person who makes more than 10 paid services of process in California during a calendar year must file a verified certificate of registration as a process server with the county clerk; exempt persons include sheriffs, marshals, and government employees, and attorneys and their employees serving in their own cases (Bus. & Prof. Code section 22350).

Find out where you stand in California

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

California Requirements for Proof of Service

Non-Party Server Age 18 or Older

Mandatory POS-010 Proof of Service Form

Declaration Under Penalty of Perjury Instead of a Notarized Affidavit

Notice and Acknowledgment Required for Mail Service

Substituted Service Requires Mailing and a 10-Day Completion Date

60-Day Deadline to Serve and File Proof

Three-Year Outer Limit to Serve

Non-Party Mailer Required for Later-Paper Proof by Mail

Process Server Registration Above 10 Paid Services a Year

Frequently Asked Questions