US-CaliforniaHow do I serve the defendant in a small claims case?
In California small claims court, you must serve the defendant personally, by mail with acknowledgment, or (in some cases) by substituted service — and you must file proof of service before your hearing date.
What the Law Says
California law sets strict rules for serving defendants in small claims cases. The goal is to ensure the defendant receives fair notice of the lawsuit.
You must serve the defendant within 30 days after filing your claim. If you miss this deadline, the court may dismiss your case unless you show good cause for the delay.
Personal service is the most common method: a person who is at least 18 years old (not you or a party to the case) must hand the defendant a copy of the Claim (SC-100) and the Notice of Court Hearing (SC-102).
If personal service isn’t possible, you may use 'service by mail' — but only if the defendant signs and returns the Acknowledgment of Service (Form SC-104). That signed form must be mailed back to you within 5 days of receiving the papers.
Substituted service (leaving papers with a competent person at the defendant’s home or work) is generally NOT allowed in small claims — unlike in other civil cases — unless the court grants special permission.
Statutory TextThe plaintiff shall cause the defendant to be served with a copy of the complaint and notice of the time and place of the hearing not less than 15 days before the hearing date, unless the defendant waives service.
— Code of Civil Procedure, § 116.340(a) — Service of process
Statutory TextService may be made by mail only if the defendant executes and returns an acknowledgment of service on a form approved by the Judicial Council.
— Code of Civil Procedure, § 116.340(b) — Service by mail
Statutory TextProof of service shall be filed with the court not later than 5 days before the hearing, unless the court permits later filing for good cause shown.
— Code of Civil Procedure, § 116.340(c) — Proof of service
What to Do
Ask someone 18+ (not you or a party) to personally hand the defendant the Claim (SC-100) and Notice of Hearing (SC-102).
Have the server fill out and sign the Proof of Service (SC-104) — include date, time, location, and description of person served.
File the completed Proof of Service with the court no later than 10 days before your hearing (ideally earlier — courts require it by 5 days before, but filing early avoids risk).
If using mail service, send all documents via first-class mail with the Acknowledgment of Service (SC-104) and get it signed and returned within 5 days.
If you can’t locate the defendant or personal service fails, ask the judge for permission to use alternative service (e.g., posting + mailing) — do this well before your hearing.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.