Service of process formally notifies a defendant that a lawsuit has been filed. California service of process requires several steps. The server must use a permitted method, deliver to the correct recipient, complete any required mailing, and document the steps. A mistake can delay the case or put a default judgment at risk.
The guide covers ordinary California state court civil actions, with separate sections for special recipients and eviction proceedings. It distinguishes current procedures from changes scheduled to become operative January 1, 2027.
California service of process at a glance
| Category | Rule |
|---|---|
| Who can serve | Generally an adult 18 or older who is not a party to the action (CCP § 414.10). |
| Personal service | Deliver the summons and complaint personally under § 415.10. |
| Substituted service | For individuals, reasonable diligence is generally required before using § 415.20(b). Entity service has separate rules. |
| Mailing requirements | Substituted service includes a follow-up mailing. Acknowledgment and out-of-state mail methods have different requirements. |
| Court ordered alternatives | Publication under § 415.50 and posting an unlawful detainer summons under § 415.45 require court authorization. |
| Business defendants | Identify the recipient and method under the corporation, LLC, partnership, or public-entity statute. |
| Service deadline | Rule 3.110 generally sets 60 days in covered civil cases; § 583.210 sets a three-year period subject to statutory provisions. |
| Response deadline | Generally 30 days after service is complete for an ordinary civil summons; special proceedings differ. |
| Proof of service | Document delivery and any mailing, and file the appropriate proof with the court. |
The deadlines and recipient rules depend on the method and proceeding. Check the applicable statute and court order before sending an assignment.
Who can serve papers in California
Under CCP § 414.10, a summons may be served by a person at least 18 who is not a party. A plaintiff or defendant cannot serve the summons in their own case.
Business and Professions Code § 22350 generally requires registration for a natural person who makes more than 10 compensated services within California in a calendar year. The statute has exemptions, including specified attorney, investigator, and court-appointed roles. Confirm the server’s eligibility and registration status for the assignment.
Personal and substituted service
Personal delivery. Under CCP § 415.10, deliver the summons and complaint to the person to be served. Service is complete on delivery. If the recipient refuses to take the papers, record the identification, words exchanged, and where the papers were left; the validity of refusal service depends on the facts.
Substituted service on an individual. Under § 415.20(b), reasonable diligence in attempting personal delivery is generally required. Papers may then be left at a qualifying home, business, or usual mailing address with an eligible adult who is informed of their contents. The recipient must meet the statute’s household or person-in-charge requirements. A random adult at an address is not automatically a valid recipient.
Mail another copy to the person at the location where the documents were left. Under the current provision, the mailing is first class with postage prepaid, and service becomes complete on the tenth day after mailing. A United States Postal Service post office box is excluded from this substituted-service method.
Commercial mailbox service. Section 415.20(c) permits a first-delivery-attempt route through a commercial mail receiving agency when the private mailbox is the only address reasonably known for the person. Follow Business and Professions Code § 17538.5(d), including the agency’s required handling and notice procedures. This provision remains in the version operative in 2027.
Mail and publication
CCP § 415.30 permits mailing the summons and complaint with two copies of the notice and acknowledgment of receipt and a prepaid return envelope addressed to the sender. When the written acknowledgment is returned, service is deemed complete on the date the acknowledgment was executed. Mailing the packet alone does not complete this method.
For a person outside California, § 415.40 permits first-class mail with postage prepaid and a return receipt requested, with completion on the tenth day after mailing. The proof must establish actual delivery as required by § 417.20. International service also requires attention to applicable treaties.
Publication under § 415.50 requires a court order supported by the statutory showing. Follow the newspaper, publication schedule, and mailing directions. Ordinary electronic service of later case papers should not be assumed to authorize email delivery of the initial summons.
Serving businesses and public entities
For a corporation, CCP § 416.10 identifies the designated agent and specified officers or other authorized recipients. Confirm the entity name and recipient’s role using current records.
Section 415.20(a) permits substituted service for specified entities by leaving papers during usual office hours with the person apparently in charge at the authorized office, followed by the required mailing. It does not impose the same prior personal-delivery diligence requirement as individual service under § 415.20(b).
LLCs and partnerships have their own recipient rules. For an LLC, Corporations Code § 17701.16 provides designated-agent service and a court-authorized Secretary of State route when its conditions are met. For a partnership, review CCP § 416.40. Secretary of State service may be available when statutory conditions are met, sometimes with a court order; it is not an automatic fallback for an unanswered office visit.
For a public entity, CCP § 416.50 identifies eligible recipients such as the clerk, secretary, president, presiding officer, or other head of its governing body. Government claim presentation is a separate issue that applies to many claims for money or damages, with exceptions. Counsel should determine whether a claim must be presented before suit.
Special recipients and proceedings
| Category | Rule |
|---|---|
| Minors | Under § 416.60, deliver to a parent, guardian, conservator, or similar fiduciary. Statutory fallback recipients require reasonable diligence. Also deliver to the minor if age 12 or older. |
| Adults with a fiduciary | Under § 416.70, deliver to the guardian, conservator, or similar fiduciary and the individual. Only the court may dispense with delivery to the individual for good cause. |
| Incarcerated individuals | Coordinate with the facility. Penal Code § 4013 requires the custodian to deliver process addressed to a prisoner and record the time of service. |
| Subpoenas | Personal delivery is the general rule under § 1987. Specified party witnesses may instead receive notice through counsel for court or trial attendance, subject to timing and scope requirements. |
Recipient authorities: CCP § 416.60, CCP § 416.70, Penal Code § 4013, and CCP § 1987.
A notice under § 1987(b) generally requires at least 10 days before attendance unless shortened by the court. A document request under § 1987(c) generally requires 20 days, with an objection procedure. These court-attendance provisions should not be treated as a universal substitute for deposition or nonparty records subpoenas.
Service deadlines and response dates
For civil cases covered by California Rule of Court 3.110, the complaint generally must be served on named defendants and proof filed within 60 days after filing. The rule has exceptions, including unlawful detainer and certain other proceedings. A court may extend or modify the schedule; request relief with a documented explanation when needed.
CCP §§ 583.210–583.250 establish the separate three-year service period and statutory exceptions. Section 583.230 permits specified agreements extending time. Section 583.240 excludes certain periods from the calculation, such as a stay that affects service. Missing the applicable statutory period can require dismissal. Do not use the three-year period as the working service schedule.
An ordinary civil summons generally allows 30 days to respond after service is complete. For substituted service, first determine the completion date after mailing, then calculate the response period. Evictions and other special proceedings use different schedules.
Eviction notices and lawsuit papers
A termination or other pre-lawsuit notice under CCP § 1162 is distinct from the summons and complaint that begin an unlawful detainer case. Section 1162 permits personal delivery and specified substituted or posting-and-mailing methods when their conditions are met.
Posting the summons and complaint under § 415.45 requires a court order after the required diligence showing. The order directs posting and prompt certified mailing to the last known address. Service under that method is complete on the tenth day after posting and mailing. The notice-delivery rules do not eliminate the need for this order.
Changes operative January 1 2027
The enacted SPARE Act (AB 747) changes several procedures beginning January 1, 2027. Under new § 415.20(b), reasonable diligence requires good-faith personal attempts on at least three occasions, on three different days, at three different times.
For consumer debt actions under that provision, at least one attempt must be at the person’s dwelling or usual abode if known or reasonably ascertainable. The residence-attempt requirement is not universal. The new unlawful detainer posting provision has its own attempt requirements and exceptions.
New § 417.10 requires site photographs for each completed or attempted service under §§ 415.10, 415.20, and 415.45, with automatically recorded date, time, and GPS or equivalent location data. Missing signals and safety exceptions require a detailed explanation. Update assignment instructions and proof procedures before the operative date. Confirm which version applies when service occurs.
Proof of service and unsuccessful attempts
Use the appropriate proof form, commonly POS-010 for a civil summons. Record the recipient, capacity, address, time, method, and any mailing. The proof should show the facts that satisfy the particular statute or order. Confirm who is responsible for filing it and obtain the filed copy.
When attempts fail, ask for details: dates, times, address checks, contact with occupants, and any reason to believe the defendant lives or works there. Varying lawful attempt times and verifying addresses can help counsel decide on the next step. Keep speculative descriptions of evasion out of the factual record.
When service is challenged
A defendant may contest personal jurisdiction through a motion to quash under CCP § 418.10. Incorrect recipients, incomplete mailings, or an unsupported substituted-service method can require service to be attempted again. Defective service can also support a challenge to a resulting default judgment.
Respond promptly to a reported defect. Preserve the original proof, receipts, attempt notes, and any court order, and have counsel assess the correction and remaining deadlines.
Frequently asked questions
- Can I serve the summons in my own lawsuit?
- No. The server must be at least 18 and not a party to the action. A qualifying nonparty adult may serve, subject to any registration or other applicable requirement.
- Does mailing count as service
- It can, under an authorized method. Acknowledgment service under § 415.30, out-of-state mail under § 415.40, and the mailing step of substituted service each have different completion and proof requirements.
- How many personal attempts are required?
- Before January 1, 2027, reasonable diligence for ordinary individual substituted service depends on the circumstances. The new § 415.20(b) then requires at least three good-faith attempts on different days and at different times. Additional conditions apply in specified cases.
- Can eviction papers be posted without a court order?
- Some pre-lawsuit notices may be posted and mailed when § 1162 allows it. Posting an unlawful detainer summons under § 415.45 requires an order. Identify which document is being served before selecting the method.
Arrange service with Magna
Magna offers nationwide process service, skip tracing, and investigative support. For a California assignment, provide the complete packet, known addresses, deadline, and any order authorizing a particular method. Confirm proof-of-service filing arrangements when placing the request. Request service with Magna.
This is general information only, not legal advice. These rules concern state court proceedings. Requirements vary by court, case type, defendant, and circumstances. Consult the current rules and applicable court orders before arranging service.