California What is Proof of Service - Information

Walk up to the person to be served. Say, "These are court papers." Give the person copies of all the court papers. Fill out the Proof of Service (Small Claims) (Form SC-104 ), sign it on page 2, and return the completed form to you so that you can file it.

A proof of service is usually in the form of a declaration signed by an individual indicating that a particular document has been served upon another party. Serving a document on a person means having the document delivered to that person.

You can also draft your own proof of service form; make sure it mirrors the language found on the court-provided forms and includes details such as: the name of the case and the case number; a description of the documents served; the server's name, contact info, and signature; the person served; the time, date, and

"Personal service" means that someone NOT a party to the case must personally deliver the court documents to the other side. In personal service: The server gives the papers to the party being served. It can be at the party's home, work, or anywhere on the street.

A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party's attorney, the name of the party represented by that attorney.

Proof of Service If you have asked the court clerk to serve your papers by certified mail, you need do nothing else. The court clerk sends out the certified mail for you, and the signed post office receipt comes back directly to the clerk if service is accomplished.

Tell the server to: Give the papers to a responsible adult where the Defendant lives, or to someone in charge where the Defendant works. Say, These are court papers. Then, mail (first-class) a copy of the papers to the Defendant at the same address where s/he left the papers.