What is the process for "serving" a defendant with a lawsuit after it has been filed in a California court?
Serving a lawsuit involves formally delivering a copy of the court-filed Summons and Complaint to the defendant according to strict legal rules. This process, called "service of process," gives the defendant official notice of the case and the deadline to respond.
Here is the general process for serving a defendant:
Step 1: Prepare the Service Documents
After filing your Complaint, the court clerk will issue a Summons (Form SUM-100). You must make copies of the filed Complaint and the issued Summons. These documents together form the packet that must be served on the defendant.
Step 2: Select a Server
You, as the plaintiff, cannot serve your own lawsuit. You must use a neutral third party who is at least 18 years old. This can be a professional process server, the county sheriff, or a friend or relative who is not a party to the case. Hiring a professional is highly recommended.
Step 3: Attempt Personal Service
The best and most direct method is personal service. The server locates the defendant and physically hands them the Summons and Complaint. If serving a corporation, the server must deliver the documents to the company's designated agent for service of process or a specific corporate officer.
Step 4: Use Substituted Service as an Alternative
If multiple attempts at personal service are unsuccessful, the server may use substituted service. This involves leaving the documents at the defendant’s usual home or business address with a competent adult who is informed of the contents. The server must also mail a copy of the documents to the defendant at that same address.
Step 5: File Proof of Service with the Court
After the server successfully delivers the documents, they must complete and sign a Proof of Service form (POS-010). This form details when, where, and how the defendant was served. You must file this original, signed form with the court to prove that service was completed legally.
Important considerations: In California, you generally must serve the defendant within 60 days of filing the complaint. The rules for service are very strict; failure to comply can lead to the dismissal of your case.
Note: Substituted service is only valid if the server first made reasonably diligent efforts to serve the defendant in person. What counts as "diligence" can be a point of legal dispute, which is why using a professional server who documents their attempts is crucial.
This is general information and does not constitute legal advice. For complex situations, such as serving a hard-to-find defendant or an out-of-state entity, you should consult with a qualified California attorney.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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