Serving a summons correctly in California is crucial to ensure that the legal process moves forward smoothly. Here are 10 things you should do before serving a summons in California:
1. Confirm the Correct Court Jurisdiction
- Ensure the lawsuit is filed in the appropriate court based on the case type and the defendant’s location.
2. Verify the Summons and Complaint
- Double-check that all documents, including the summons and complaint, are properly completed, signed, and stamped by the court clerk.
3. Identify the Proper Defendant(s)
- Ensure you are serving the correct individual or business entity. If serving a business, check the California Secretary of State’s website for the correct agent for service of process.
4. Choose the Right Method of Service
- California allows:
- Personal Service (delivering directly to the defendant)
- Substituted Service (leaving documents with another adult at the defendant’s home/work)
- Service by Mail with Acknowledgment
- Service by Publication (court approval needed)
5. Know Who Can Serve the Summons
- You cannot serve the papers yourself if you are a party to the case. You must use:
- A professional process server
- A friend or family member over 18
- The county sheriff (in some cases)
6. Ensure Proper Timing for Service
- The summons must be served within 60 days of filing the complaint (unless the court grants an extension).
7. Understand the Defendant’s Response Time
- After being served, the defendant has 30 days to respond in state court (21 days in federal court).
8. Prepare the Proof of Service (POS-010 Form)
- The person serving must complete a Proof of Service of Summons form and file it with the court.
9. Check for Special Rules (If Serving a Business or Government)
- Some entities, like government agencies, require service on a specific office or representative.
10. Avoid Illegal Service Tactics
- Service cannot be done by trespassing, leaving documents in an inappropriate place, or using threats or coercion.
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