How Process Serving Works in California
A plain-English overview of the basics: who can serve, the main methods of service, proof of service, and common timelines.
What is "service of process"?
Service of process is the formal delivery of court papers to a person or business so they know about a case and have a chance to respond. Courts generally can't move forward against someone until they have been properly served and proof of that service is filed.
Who can serve papers?
In California, a summons may be served by any person who is at least 18 years old and not a party to the case (Code Civ. Proc. § 414.10). That means you usually cannot serve your own papers. Common choices are a friend or relative who is not involved, the sheriff or marshal, or a registered process server.
For domestic violence restraining orders, the courts note that the sheriff or marshal can serve the papers for free, and the server must not be a protected person or otherwise involved in the case (California Courts Self-Help Guide).
The main methods of service
| Method | In plain English | When complete |
|---|---|---|
| Personal service | The papers are handed directly to the person. If they refuse to take them, the courts' guidance is that the server can leave them near the person and say what they are. | When delivered (Code Civ. Proc. § 415.10) |
| Substituted service | If the person can't be personally served with reasonable diligence, the papers can be left with a competent adult (18+) at their home or with the person apparently in charge at their business, who is told what the papers are, and then a copy is mailed first-class to that address. | On the 10th day after mailing (Code Civ. Proc. § 415.20) |
| Mail with acknowledgment | Papers are mailed with a Notice and Acknowledgment of Receipt that the person signs and returns. | When the acknowledgment is signed (Code Civ. Proc. § 415.30) |
| Publication | Only with a court order, when a person can't be found after reasonable diligence. | As set by the court order (Code Civ. Proc. § 415.50) |
Businesses (corporations, LLCs, and partnerships) are usually served through an officer or a designated agent for service of process. Some case types, such as restraining orders, generally require personal service.
Proof of service
After service, the server completes and signs a proof of service under penalty of perjury describing who was served, which papers, and when, where, and how. It is filed with the court. A proof of service signed by a registered process server must state the server's county of registration and registration number (Bus. & Prof. Code § 22360), and it is presumed to state the facts correctly unless evidence is introduced to the contrary (Evid. Code § 647).
With Swift Serve SoCal, every serve includes a signed proof of service, plus photo documentation — a photo or Meta glasses video of the service and/or a photo of the property.
Common timelines
- Civil lawsuits: the complaint must generally be served, and the proof of service filed, within 60 days after the complaint is filed (Cal. Rules of Court, rule 3.110(b)). The summons tells the defendant they have 30 days after service to file a written response (Code Civ. Proc. § 412.20(a)(3)).
- Small claims: service must be completed at least 15 days before the hearing if the defendant lives in the county where the case was filed, or 20 days if they live outside that county (Code Civ. Proc. § 116.340(b)).
- Evictions (unlawful detainer): since January 1, 2025, a tenant handed the Summons and Complaint generally has 10 court days to respond (AB 2347, Stats. 2024, ch. 512). The courts' self-help guide explains that service by substituted service or posting adds 10 calendar days.
- Restraining orders: the deadline to serve is printed on the notice of court hearing.
Deadlines depend on the method of service, holidays, and the court's orders, so always confirm the exact dates for your case.
What "registered process server" means
California doesn't license process servers. Anyone who makes more than 10 services of process in a calendar year for compensation must register with the county clerk where they live or have their principal place of business (Bus. & Prof. Code § 22350). Registration requires a background check, a $2,000 bond or cash deposit, and an identification card issued by the county (Bus. & Prof. Code §§ 22351.5, 22353, 22355). Swift Serve SoCal uses registered process servers, and each proof of service lists the server's county of registration and registration number (Bus. & Prof. Code § 22360).
Sources
- California Courts Self-Help Guide: Serve your small claims forms; Having someone other than the sheriff serve your restraining order; Respond to an eviction
- California Rules of Court, rule 3.110
- Code of Civil Procedure §§ 116.340, 412.20, 414.10, 415.10, 415.20, 415.30, 415.50; Business & Professions Code §§ 22350–22360; Evidence Code § 647 (California Legislative Information)
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