Who may serve the papers?
Under Code of Civil Procedure (CCP) section 414.10, a summons may be served by any person who is at least 18 years old and not a party to the action. California Courts’ self-help guide gives the same baseline for a server and explains that you cannot serve your own papers.
A server can be a friend, a relative, a coworker, a sheriff or marshal, or a professional process server. Affid is a registered and bonded California process server. Registration does not change which service method is allowed for a particular document.
Four common methods at a glance.
The table summarizes how the Code of Civil Procedure and California Courts describe four ways to serve a summons. It is a starting point for preparing a request, not a rule for choosing a method. Not every method is available in every type of case or at every stage.
| Method | How it works | When service is complete | Record to expect |
|---|---|---|---|
| Personal service (CCP § 415.10) | The server hands a copy of the summons and complaint to the person to be served. | At the time of delivery. | A Proof of Service signed by the server, stating how, when and where the papers were served and who received them. |
| Substituted service (CCP § 415.20) | The papers are left with a qualifying adult at a permitted location, then a copy is mailed to the same address. | On the 10th day after mailing. | A Proof of Service, usually with a declaration of due diligence listing the earlier attempts. |
| Notice and acknowledgment (CCP § 415.30) | The papers are mailed with two copies of a notice and acknowledgment form and a prepaid return envelope. | On the date the recipient signs the acknowledgment, if it is then returned to the sender. | A Proof of Service with the signed acknowledgment attached. |
| Publication (CCP § 415.50) | A court order directs that the summons be published in a named newspaper. | California Courts describes completion 28 days after the first publication date. | The court’s order and the newspaper’s proof of when the notice was published. |
Personal service is the usual starting point.
Personal service means the server delivers the papers directly to the person being served, at home, at work or anywhere else they can be found. Section 415.10 treats it as complete at the time of delivery. California Courts describes it as the most reliable method and notes that it is generally required when serving the first papers in a case.
The server must make sure the papers go to the right person. If the person refuses to take them, the self-help guide explains that the server can leave them on the ground in front of the person, and this still counts as service.
Substituted service has extra steps.
Substituted service under section 415.20 combines two steps: leaving the papers with another adult and then mailing a copy to the same address. For an individual, it is available when the papers cannot be personally delivered with reasonable diligence. The papers can be left at the person’s home, usual place of business or usual mailing address other than a U.S. Postal Service post office box, with a competent household member or a person apparently in charge who is at least 18 and is told what the papers are.
California Courts says the server generally needs to try personal delivery at least three times, on different days and at different times, and record each attempt in a signed declaration of due diligence. A version of section 415.20 that becomes operative on January 1, 2027 states that reasonable diligence is shown by good-faith attempts on at least three occasions, on three different days, at three different times.
When serving an entity through one of the people listed in sections 416.10 to 416.50, such as a corporation’s agent or officer, section 415.20 also allows the papers to be left during usual office hours at that person’s office with the person apparently in charge, followed by mailing. In either case, service is complete on the 10th day after mailing.
Notice and acknowledgment depends on the recipient.
Under section 415.30, the papers are mailed by first-class mail or airmail with two copies of the notice and acknowledgment and a postage-paid return envelope addressed to the sender. Service is complete on the date the recipient signs the acknowledgment, provided it is then returned.
Because the recipient has to sign and mail the form back, California Courts notes that this method often doesn’t work. If the form is not returned within 20 days of mailing, the statute makes the recipient liable for the reasonable expenses of serving them another way, and the court can award those expenses on a motion.
If you have already mailed a notice and acknowledgment, tell the team the mailing date when you request service, so the later request reflects what has been sent.
Publication needs a court order.
Service by publication is not a method a process server can choose in the field. Under section 415.50, the court must be satisfied, on an affidavit, that the party cannot with reasonable diligence be served another way in that article, and the other conditions of the statute must be met. The court then orders publication in a named newspaper most likely to give actual notice.
California Courts describes a declaration of due diligence explaining everything tried to find the other person, followed by a request for the court’s permission. Even after an order for publication, section 415.50 allows the summons to be served in another authorized way, and that service supersedes the published summons.
What to include when you request service.
Send the method instructions that apply to your papers, along with the details needed to plan the work. If a court order sets the method or location, include the order with the packet.
- The prepared papers and any supplied proof-of-service form
- The method your instructions or court order call for, if known
- The recipient’s name, a photo if available and known addresses
- Times and places where the person is likely to be found
- Any notice and acknowledgment already mailed, with the mailing date
- Your deadline and the court’s case information
Receiving a record is not filing it.
Each method leaves a different record, as the table above shows. California Courts explains that the server gives you the proof of service, along with any declaration of due diligence, to file with the court. Receiving the record and filing it are separate steps.
Official sources.
Follow the instructions for your case and check the relevant court’s current requirements. These links provide the official information referenced in this guide; Affid is not affiliated with the courts.
This guide explains the practical workflow behind common service methods. It is not legal advice and does not choose a method for your case. Which methods are allowed depends on the papers, the recipient and any court order, so follow the court’s instructions or ask your legal adviser.
