How to Serve Your Claim

The person or business you are suing is called the Defendant. Before your case can be heard in Small Claims Court, each Defendant must receive a copy of your claim. This is called "serving" the Defendant or "service". The Defendant must be served within the State of California. There are 2 exceptions. 1. If your complaint involves real property owned by a Defendant who lives outside the state of California or 2. a car accident where the owner or operator of the motor vehicle involved in an accident is an out of state resident. Contact the Clerk’s office for service instructions. If the Defendant is a corporation, check to see if the Defendant maintains an agent for service in California by writing:

Enclose a check for $5.00 for each corporate inquiry. The Defendant must be served within explicit time limits. The Defendant must be served at least 10 days before the trial date if the Defendant is located in your County, or at least 15 days before the trial date if the Defendant is located outside of your County. You may not serve the claim yourself. The Defendant can be served in one of the following ways:

1. By Personal Service:

Any person who is 18 years old or older, and who is not a party to the claim, can serve the claim. A witness is generally considered party to the claim.

2. By Substituted Service:

If you can’t find the party you must serve at his home or place of business, you can use substituted service to serve the claim. Substituted service is accomplished by leaving a copy of the claim at the defendant’s office with a person who appears to be in charge, or at his home with someone who is at least 18 years old. The person who is given the claim must be told what it is. A copy of the claim must be mailed by first class mail to the defendant at the address where the claim was left. A copy of the claim must be mailed to the defendant at least 20 days before the hearing if the defendant resides in your County, or 25 day before the hearing if the defendant resides outside of the county in order for substituted service to be complete. The claim is considered served 10 days after the copy is mailed. Substituted service must be performed by the sheriff or by someone who is at least 18 years old and who is not a party to the case. Proof of service must be filed with the small claims court clerk.

3. By a Registered Process Server:

They are listed in the consumer yellow pages of your telephone book.

4. By a Sheriff:

In some counties, a Sheriff will serve the claim for a fee. However, in San Mateo County the Sheriff will not serve claims.

5. By Certified Mail:

Only the Small Claims Clerk can serve the claim this way. There is a fee. Service is completed when the receipt, signed by the Defendant is returned to the Clerk. If the Defendant refuses to sign, service is not considered complete. The person who serves the Defendant must file a proof of service form with the Small Claims Clerk before the trial. The Clerk has the form. In some County Courts, it must be filed at least 48 hours before the trial. The Defendant need not accept or touch the claim in order to be served. Once the Defendant has been correctly identified, the claim can be dropped at his feet.