San Jose California Proof of Service Affidavit - Individual

State:
California
City:
San Jose
Control #:
CA-027-09
Format:
Word; 
Rich Text
Instant download

Description

This Proof of Service Affidavit form is for use by an individual to declare that he or she has served copies of a particular document by personal service on a certain date at a certain time or by First Class Certified or Registered Mail Service, postage prepaid on a certain date.

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How to fill out California Proof Of Service Affidavit - Individual?

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FAQ

If you have Internet access, a fillable version of this proof of service form is available at . Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box.

A person is served when they officially receive the papers. Papers which start an action (Summons, Petition, Request for Order, etc.) must be filed first and then served on the other person(s). After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers.

Each person named must be served a copy of the claim. Your claim tells the other party that they are being sued and gives the date, time, and place of the hearing. You cannot serve the claim yourself. The only time you can serve court papers yourself is when you are serving a subpoena.

Proof of service is a document that functions like a legal ?receipt? confirming the delivery of documents from one party to another in a legal matter. It is a written version of a sworn statement attesting to the completion of service of process.

Have the person who mailed the papers fill out and sign (in front of a notary) the Proof of Service form on the back of one copy of the Summons and give it to you. Attach the signed return receipt to the Proof of Service.

Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers will have to fill out a Proof of Service form showing what they gave (served) to the other parties. Choose someone to serve the papers who is able to fill out the form.

A person is served by mail five days after the papers are mailed and both the person sending the papers and to person to receive the papers are in California. A person is served by mail ten days after the papers are mailed if either the person mailing or the person receiving the papers is outside California.

Service by mail is permitted for all papers if the party to be served lives outside California. In these circumstances the mailing must be by Registered or Certified Mail and must have the Return Receipt Requested form attached and filled out.

Instead of personally delivering legal papers, a process server may convey service by certified mail in California. If the server can track down the last known address, or forwarding address of the defendant, the complaint and court summons may be sent by certified mail to this address.

Code of Civil Procedure, §§ 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rule 2.306.

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San Jose California Proof of Service Affidavit - Individual