Overview
Process Server in California: How Service of Process Works
California lets any adult who isn't a party to the case serve a summons, but anyone who serves more than 10 papers a year for pay must be a registered process server. That registration matters: under Evidence Code section 647, a registered server's declaration of service is presumed valid, which makes defaults far harder to set aside. Plaintiffs must also move quickly, because the California Rules of Court give you 60 days from filing the complaint to serve every defendant and file proof of service.
Who serves process
Who Can Serve Legal Documents in California
Under Code of Civil Procedure section 414.10, any person who is at least 18 and not a party to the action may serve a summons and complaint. The plaintiff can't serve it personally.
Anyone who makes more than 10 services of process a year for compensation must register as a process server with the county clerk where they live or do business, under Business and Professions Code section 22350, and carry a registration ID card. A registered server's declaration of service is presumed valid under Evidence Code section 647, which is the main reason attorneys use one.
Typical documents include summonses and complaints, subpoenas, small claims papers, family law petitions, unlawful detainer (eviction) papers and restraining orders.
Proof you receive: a sworn affidavit of service
The server completes a proof of service, usually on Judicial Council form POS-010, signed under penalty of perjury. For substituted service, it includes a declaration of the diligent attempts made first.
Registered process service
Personal service by a California registered process server, with a declaration of service that carries the Evidence Code 647 presumption of validity.
Substituted service with diligence records
Documented attempts at different times and days, then substituted service under CCP 415.20 with the mailing and declaration your court expects.
Skip tracing before service
Locate searches when a California address is out of date, so attempts don't burn time against the 60-day deadline.
The rules
California Service of Process Rules
The California rules that matter most for service:
| Rule | What it covers |
|---|---|
| CCP 414.10 | Who may serve: any adult who is not a party |
| CCP 415.10–415.50 | Methods: personal, substituted, mail with acknowledgment, publication |
| CCP 416.10 | Serving corporations, through an officer or agent for service |
| CCP 417.10 | Proof of service of summons |
| CRC 3.110(b) | Serve all defendants and file proof within 60 days of filing |
| Bus. & Prof. Code 22350 | Registration for anyone serving more than 10 papers a year |
| Evidence Code 647 | A registered server's declaration is presumed valid |
Treaties
California and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. California has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on California's law and on what your court allows.
California is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
