Fill and Sign the What Small Claims Form

SC-104B What Is “Proof of Service”? What is “service”? How is personal service done? “Service” or “serving” is when someone— not you or Ask someone who is at least 18 and not listed in this anyone else listed in this case —gives a copy of your case to personally “serve” (give) a copy of your court court papers to the person, business, or public entity you papers to the person or the agent authorized to accept are suing. Service lets the other party know: court papers for the person, business, or public entity • What you are asking for listed on Form SC-104. • When and where the trial will be and Give the server a separate Proof of Service form for each • What the party can choose to do person, business, or public entity you are suing. And tell There are strict rules for serving court papers. This form the server to: explains how to serve these forms: • Walk up to the person to be served. • Form SC-100, Plaintiff’s Claim • Say, “These are court papers.” • Form SC-120, Defendant’s Claim • Give the person copies of all papers checked on How is service done? Form SC-104, Proof of Service . If the person won’t • take the papers, just leave them near the person. This form tells you how to serve by personal service or It doesn’t matter if the person tears them up. substituted service. • Fill out and sign page 2 of Form SC-104, Proof of Personal service means someone gives the papers Service . directly to the person being sued or to the agent How is substituted service done? authorized to accept service (business or public entity). If you don’t want to use personal service or can’t find Substituted service means someone gives the papers to the person to be served, ask someone who is at least 18 an adult where the person lives, works, or receives mail and not listed in this case to serve the court papers. (including a private post office box, but not a U.S. Postal Give the server a separate Proof of Service form for each Service P.O. Box). person, business, or public entity you are suing. Tell the What if the court papers do get not served? server to give the papers to: The judge cannot hear your case unless the court papers • A competent adult (at least 18) at the home of and were served correctly. living with the person to be served or • An adult who seems to be in charge where the person Can the court serve the papers for me? to be served usually works or Yes. You can pay the court to mail your claim to the • An adult who seems to be in charge where the person person you are suing. But if the person you are suing or receives mail (including a private mailbox, but not a the person’s agent for service doesn’t sign the U.S. U.S. Postal Service P.O. Box). Note: This is only for Postal Service mail receipt with his or her complete cases where the physical address of the person to be name, or if someone else signs the receipt, you will have served is not known. to serve again using personal or substituted service. Then do the following: Who can serve? • Write down that person’s name and say, “Please give You can ask a friend, a process server, or the Sheriff. these court papers to [ name of person to be served ].” The server must be at least 18 and not listed in the case. If the person does not want to give his or her name, describe the person you served. A “process server” is someone you pay to deliver court • Give that person copies of all papers checked on Form forms. Look in the Yellow Pages under “Process SC-104, Proof of Service . If the person won’t take the Serving.” The Sheriff (or Marshal if your county has papers, just leave them near the person. one) can also deliver court forms. Ask the court clerk how to contact the Sheriff. Or look in the county section • Mail another copy of the papers (by first-class mail) of your phone book under “Sheriff.” You must pay the • to the person being sued at the same address where server, unless you qualify for a fee waiver. • you left the papers. • Fill out and sign page 2 of Form SC-104, Proof of Service . Judicial Council of California, SC-104B, Page 1 of 2 New January 1, 2006 ----------- àWhat Is “Proof of Service”? (Small Claims) electronic form ã 2005 WWW.LawCA.co m Law Publishers SC-104B What Is “Proof of Service”? What does the server do with the original For personal or substituted service, subtract 5 days Proof of Service form? from the trial date. That’s the deadline for serving If a process server or Sheriff served the papers, he or she your small claims forms if you were served at least can file Form SC-104, Proof of Service, with the clerk. 11 days before the trial. If you were served 10 days or If the server used a different Proof of Service form, ask less before the trial date, you must serve at least 1 day him or her to list each paper served on the form. Also before the trial. But you can serve the forms before make sure that the registered server will file the original the deadline. directly with the court and will mail you a copy of the What if I can’t get the court papers served filed form. Take it with you when you go to court. before the trial? If a friend served the papers, tell him or her to give the If you were not able to serve your claim (Form SC-100 completed form back to you. Keep a copy for your or SC-120) before the deadline for service, talk to your records and take the copy with you when you go to Small Claims Clerk. Each county has its own rules. court. If you already served your claim on some parties but not You need to file the original completed Proof of Service everyone you are suing, you may need to fill out and file form 5 days before your trial. Form SC-110, Request to Postpone Small Claims When do the court forms have to be served? Hearing, at least 10 days before the trial date (or explain why you couldn't meet the 10-day deadline). • If you are serving Form SC-100, Plaintiff’s Claim, Then give or mail a copy of this form to all other look at the trial date on page 1. Then, look at a Plaintiffs and Defendants listed on your court papers. calendar. The court may postpone your trial for 15 days or more. For personal service, subtract 15 days from the trial date (or 20 days if the person, business, or public Who do I have to serve? entity is located outside the county). That’s the If you are suing a person (or people)—not a business or deadline for serving your small claims forms. But public entity—serve each person you are suing. For you can serve the forms before the deadline. example, if you were in a car accident and you are suing the owner and the driver of the car, you must list 1 2 the names of the owner and the driver on your claim The people in and must go to and serve both people. Trial  Date Time Examples: Date 1. If the owner and driver are the same person: Lee Smith, owner and driver If the owner and driver are not the same person: Lee Smith, owner and driver For substituted service, subtract 25 days from the date Bob Smith, owner the server mailed a copy of the court papers served (or If you are suing a business, an association, or a public 30 days if the person, business, or public entity is entity, read Form SC-104C, How to Serve a Business . located outside the county). That’s the deadline for ? Need help? serving your small claims forms. But you can serve Your county’s Small Claims Advisor can help the forms before the deadline. for free. If the person, business, or public entity to be served is outside California or if you are serving a different form, ask the Small Claims Advisor for more information. • If you are serving Form SC-120, Defendant’s Claim, Or go to “County-Specific Court Information” at: look at the trial date on page 1. Then look at a calendar. www.courtinfo.ca.gov/selfhelp/smallclaims What Is “Proof of Service”? New January 1, 2006 (Small Claims) SC-104B, Page 2 of 2