Omar Bennett
In California, a summons may be served by any person who is at least 18 years of age and not a party to the action. Service of a summons can be done by personal delivery of a copy of the summons and complaint to the person being served, or by leaving a copy at their dwelling, usual place of abode, or business. If the person to be served is outside California, service by mail is permitted, and they are considered served by mail 10 days after the papers are mailed. Service of a summons must be followed by a Proof of Service form, filled out and signed by the person who served the papers, and filed with the court. Failure to properly serve a summons can lead to the dismissal of the case.
| Characteristics | Values |
|---|---|
| Who can serve a summons | Any person who is at least 18 years of age and not a party to the action |
| Who cannot serve a summons | The plaintiff |
| Time limit to serve a summons | Within three years after the action is commenced against the defendant |
| Time limit to file proof of service | Within 60 days after the time the summons and complaint must be served upon a defendant |
| Service by mail | Permitted if the party being served lives outside California; considered served by mail ten days after the papers are mailed |
| Service by publication | Permitted under certain circumstances, such as when the defendant cannot be located |
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What You'll Learn
Who can serve a summons?
In California, a summons may be served by any person who is at least 18 years of age and not a party to the action. This means that the person serving the summons cannot be involved in the case.
The person serving the papers will have to fill out a Proof of Service form, stating what they gave (served) to the other parties. This form must be signed and filed with the court.
If the person being served lives outside California, service by mail is permitted. In these circumstances, the mailing must be done by Registered or Certified Mail and must have a Return Receipt Requested form attached and filled out. The signed form must then be filed with the court, along with the Proof of Service form. The party is considered served by mail ten days after the papers are mailed.
In California, service can also be done by Publication. This involves putting an official notice in a newspaper. However, this method is only permitted after the court gives an order permitting service in this way. Before using this form of service, the person who wants the papers served must have tried, in all other reasonable ways, to locate the person and give them the papers.
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Where to serve a summons?
In California, a summons may be served by any person who is at least 18 years of age and not a party to the action. Service of a summons is deemed complete at the time of personal delivery of a copy of the summons and of the complaint to the person being served. This delivery can take place at the person's office, dwelling house, usual place of abode, or business, or their usual mailing address. If the person being served is not present, the summons may be left with a competent member of the household or a person apparently in charge who is at least 18 years old, and a copy must then be mailed to the person being served.
If the person being served cannot be found through reasonable diligence, service by mail is permitted if the party being served lives outside of California. In this case, the mailing must be sent by registered or certified mail with a Return Receipt Requested form attached. The party being served is considered served by mail ten days after the papers are mailed. However, it is better to have the person personally served even if they are outside California, as the Return Receipt Requested form must be signed to ensure good service.
If the person being served is outside the United States, the Hague Convention process or other international laws may need to be followed. This process can be complicated, so it is recommended to seek help from a lawyer or the court's self-help center.
In California, there are specific rules for serving defendants who are not natural adults, such as corporations, LLCs, partnerships, and government agencies. For example, if suing a business and its partners, each partner must be served. The California Secretary of State's website can provide information on the agent for service for corporations and other business entities. Additionally, the California Department of Transportation should be served if suing Caltrans, and the state Attorney General's office should be served if suing the California Highway Patrol or most consumer affairs boards.
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Time limits for serving a summons
In California, a summons may be served by any person who is at least 18 years of age and not a party to the action. Service of a summons is deemed complete at the time of personal delivery. The date of personal delivery should be entered on the copy of the summons, but the absence of such a date does not invalidate the summons.
If the summons cannot be delivered in person, it may be served by leaving a copy at the person's dwelling, abode, place of business, or mailing address, in the presence of a competent member of the household or a person in charge, who is informed of the contents. The person served should be at least 18 years old. The process server must then mail a copy of the summons to the person being served at the place where the original copy was left. Service of a summons in this manner is deemed complete on the 10th day after mailing.
If the person being served is outside California, service is considered complete by mail 10 days after the papers are mailed.
There are various time limits for serving a summons in California. For instance, a defendant must be served within 60 days after the complaint is filed, while a defendant added via an amended complaint must be served within 30 days after the addition. The proof of service of summons and complaint must be filed within 60 days after serving the complaint. The defendant has 30 days from the date the complaint was served to file an answer or demurrer.
It is important to note that if the papers are not served correctly and on time, the court may not proceed with the case. Therefore, it is advisable to file all papers first and then have them served with the court's file stamp.
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Service by mail
In California, a summons may be served by mail. This is known as "service by mail", and it involves someone other than the person who issued the summons mailing the court papers to the other person. Service by mail is only allowed under certain conditions, so it is important to check with the court before attempting this method of service.
When serving a summons by mail in California, the server must mail the court papers to the person's home or mailing address. For a business, the papers should be mailed to the main office or the person in charge. The server must also fill out a proof of service form, documenting who the papers were sent to, where, and when. This form is then filed with the court.
In addition to mailing the court papers, the server must also include two copies of a form called "notice and acknowledgment of receipt". One copy of this form is sent back to the server by the recipient, confirming that they have received the court papers. This is known as substituted service, and it is considered complete 10 days after the papers are mailed. However, some sources state that service by mail is complete 5 days after the papers are mailed.
It is important to note that service by mail is generally considered less reliable than personal delivery because the court cannot be sure that the other person received the paperwork. Therefore, it is typically used as a last resort when the server has attempted to serve the papers in person multiple times but has been unable to do so.
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Service by publication
If the judge decides that service by publication is appropriate, the plaintiff must pay to have the court papers published in a newspaper of general circulation in the area where the person to be served is likely to be. The court papers must be published once a week for four weeks in a row, and the cost of publication varies depending on the newspaper.
After publication, it is important to file proof of publication with the court, including an affidavit or declaration from the publisher listing the dates the summons was published. Service is deemed complete on the 29th day after the first date of publication. If the other party does not file a response within 30 days of the effective date for service, the plaintiff may request a default judgment to continue the case without the other party's participation.
It is worth noting that courts are generally reluctant to grant service by publication, as it seldom results in actual notice to the defendant. Plaintiffs may be required to attempt additional methods to achieve service, such as hiring investigators or contacting ex-employers.
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Frequently asked questions
Any person who is at least 18 years of age and not a party to the action can serve a summons in California.
A summons can be served by personal delivery of a copy of the summons and complaint to the person being served. It can also be served by leaving a copy of the summons and complaint at the person's dwelling, office, or usual place of business, in the presence of a competent member of the household or a person in charge.
Yes, a summons may be served by publication in a named newspaper under certain circumstances, or by mail if the person being served lives outside of California. Service by publication is generally only permitted after the court gives an order allowing it and the person wishing to use this method has filed an Application for Order for Publication of Summons, along with a Declaration of Due Diligence.
In California, the summons and complaint shall be served upon a defendant within three years after the action is commenced against them. Additionally, within 60 days of the filing of the complaint, all defendants must be served, and proofs of service must be filed.
