Summons & complaint.
Served on each defendant.
Once you file a civil lawsuit, each defendant has to be formally served before your case can move forward. A California registered process server delivers the papers and completes the proof of service for you to file.
Civil lawsuit packet
To be served
- Summons (SUM-100) and Complaint, as filed
- Any attachments you filed with them
- A set for each defendant
- Served by
- California registered process server
- Returned to you
- Proof of Service of Summons (POS-010)
Your court’s instructions decide the forms and deadlines. Affid serves the papers you’ve prepared.
How serving summons & complaint works.
What official California court sources say about serving these papers, with a link to each source. It explains the practical workflow; it isn’t legal advice.
You can’t serve your own lawsuit. The server must be 18 or older and not part of the case.
California Courts: Serve the defendantMost people use personal service, handing the papers to the defendant. Mail service with a Notice and Acknowledgment of Receipt (POS-015) only works if the defendant signs and returns it.
California Courts: Serve the defendantIf the defendant isn’t found after several tries, generally at least 3, the server may leave the papers with an adult at their home or work and mail a copy. This is substituted service.
California Courts: Serve your lawsuit by substituted serviceAfter personal service, the defendant usually has 30 days to respond. After substituted service, they have 40 days from when the papers were mailed.
California Courts: Wait to see if the other side respondsIn most civil cases, the papers must be served and the proof of service filed within 60 days after the lawsuit is filed. The court can allow more time.
California Courts: Rules of Court, rule 3.110The server completes and signs a Proof of Service of Summons (POS-010) for each defendant, which you file with the court.
California Courts: Serve the defendantWhat to prepare.
- The filed Summons and Complaint, with a copy for each defendant
- Each defendant’s home or work address and the best times to find them
- A photo or description of each person, if you have one
- For a business: its exact name and agent for service of process
What you receive.
- A record of each attempt and its outcome
- A completed Proof of Service of Summons (POS-010) for each defendant served
Questions people ask.
All questionsHow soon should I order service?
As soon as the clerk returns your filed papers. In most civil cases, service and the proof are due within 60 days of filing, and some defendants take more than one attempt.
Can you serve a corporation or LLC?
Yes. The court’s instructions point to serving the company’s agent for service of process, which it lists with the Secretary of State. A corporation’s officer or general manager can also be served.
What if the defendant can’t be found?
Each attempt is recorded for you. If many tries fail, the court suggests asking a lawyer or your court’s self-help center whether you may be able to serve another way.
Official sources
Get your summons & complaint served.
Share the prepared papers, the address and your deadline. Scope and fees are confirmed before work begins.