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SC-104B What Is “Proof of 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 the party can choose to do.
There are strict rules for serving court papers. This form
explains how to serve these forms:
• Form SC-100, Plaintiff’s Claim
• Form SC-120, Defendant’s Claim
• Form SC-500, Plaintiff's Claim (COVID-19 Rental Debt)
How is service done?
This form tells you how to serve by personal service or
substituted service.
Personal service means someone gives the papers
directly to the person being sued or to the agent
authorized to accept service (business or public entity).
Substituted service means someone gives the papers to
an adult where the person lives, works, or receives mail
(including a private post office box, but not a U.S. Postal
Service P.O. Box).
What if the court papers do not get served?
The judge cannot hear your case unless the court papers
were served correctly.
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.
Who can serve?
You can ask 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
server, unless you qualify for a fee waiver.
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 or the agent authorized to accept
court papers for the person, business, or public entity
listed on form SC-104.
Give the server a separate Proof of Service form for each
person, business, or public entity you are suing. And tell
the server to:
• Walk up to the person to be served.
• Say, “These are court papers.”
• Give the person copies of all papers checked on
form SC-104, Proof of Service. If the person won’t
take the papers, just leave them near the person.
It doesn’t matter if the person tears them up.
• Fill out and sign page 2 of form SC-104, Proof of
Service.
How is substituted service done?
If you don’t want to use personal service or can’t find
the person to be served, ask someone who is at least 18
and not listed in this case to serve the court papers.
Give the server a separate Proof of Service form for each
person, business, or public entity you are suing. Tell the
server to give the papers to:
• A competent adult (at least 18) at the home of and
living 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.
Then do the following:
• Write down that person’s name and say, “Please give
these court papers to [name of person to be served].”
If the person does not want to give his or her name,
describe the person you served.
• Give that person copies of all papers checked on form
SC-104, Proof of Service. If the person won’t take the
papers, just leave them near the person.
• Mail another copy of the papers (by first-class mail)
to the person being sued at the same address where
you left the papers.
• Fill out and sign page 2 of form SC-104, Proof of
Service.
Judicial Council of California,
Rev. November 1, 2021
What Is “Proof of Service”?
(Small Claims)
SC-104B, Page 1 of 2
SC-104B What Is “Proof of Service”?
What does the server do with the original
Proof of Service form?
If a process server or sheriff served the papers, he or she
can file form SC-104, Proof of Service, with the clerk.
If the server used a different Proof of Service form, ask
him or her to list each paper served on the form. Also
make sure that the registered server will file the original
directly with the court and will mail you a copy of the
filed form. Take it with you when you go to court.
If a friend served the papers, tell him or her to give the
completed form back to you. Keep a copy for your records
and take the copy with you when you go to court.
You need to file the original completed Proof of Service
form 5 days before your trial.
When do the court forms have to be served?
• If you are serving form SC-100, Plaintiff’s Claim,
or form SC-500, Plaintiff’s Claim (COVID-19
Rental Debt), look at the trial date on page 1. Then,
look at a calendar.
For personal service, subtract 15 days from the trial date
(or 20 days if the person, business, or public
entity is located outside the county). That’s the
deadline for serving your small claims forms. But
you can serve the forms before the deadline.
The people in and
2 must go to court
1
Date
Time
Trial
Date
1.
For substituted service, subtract 25 days from the date
the server mailed a copy of the court papers served (or
30 days if the person, business, or public entity is
located outside the county). That’s the deadline for
serving your small claims forms. But you can serve the
forms before the deadline.
If the person, business, or public entity to be served is
outside California or if you are serving a different form,
ask the Small Claims Advisor for more information.
• If you are serving form SC-120, Defendant’s Claim,
look at the trial date on page 1. Then look at a calendar.
For personal or substituted service, subtract 5 days from
the trial date. That’s the deadline for serving your small
claims forms if you were served at least 11 days before the
trial. If you were served 10 days or less before the trial
date, you must serve at least 1 day before the trial. But you
can serve the forms before the deadline.
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,
SC-120, or SC-500) before the deadline for service, talk to
your Small Claims Clerk. 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
form SC-150, Request to Postpone Trial, 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.
The court may postpone your trial for 15 days or more.
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 list the
names of the owner and the driver on your claim and
serve both people.
Examples:
If the owner and driver are the same person:
Lee Smith, owner and driver
If the owner and driver are not the same person:
Lee Smith, owner and driver
Bob Smith, owner
If you are suing a business, an association, or a public
entity, read form SC-104C, How to Serve a Business.
? Need help?
Your county’s Small Claims Advisor can help
for free.
Or go to “County-Specific Court Information” at
Rev. November 1, 2021
What Is “Proof of Service”?
(Small Claims)
SC-104B, Page 2 of 2
