Skip NavigationSmall Claims Court: Procedures and Practices
 
Lesson 2.
Filing and Service

 

§2.08 Methods of Service

previous page next page

The claim and order to appear may be served on the defendant by any of the following methods [CCP §116.340(a)]:

  • The plaintiff may arrange for personal service.
  • The plaintiff may arrange for substituted service.
  • The court may arrange for service by any form of mail that provides for a return receipt.

Service by publication is not available.

If the defendant is an individual, substituted service may be used; that is, a copy of the claim and order may be left at the person’s

  • dwelling house,
  • usual place of abode,
  • usual place of business, or
  • usual mailing address, other than a U.S. Postal Service post office box,

in the presence of a competent member of the household or a person apparently in charge of the office, place of business, or usual mailing address. The person must be at least 18 years of age and informed of the contents of the packet. [CCP §§116.340(a)(3), 415.20(b).]

Tip Click

For substituted service to be completed, a copy of the claim and order must be mailed by first-class mail, postage prepaid, to the person to be served at the place where the first copy of the claim and order was left. [CCP §§116.340(a)(3), 415.20(b).]

Substituted service also may be made at the office of the sheriff or marshal, who then must deliver a copy of the claim and order to any person authorized by the defendant to receive service [see CCP §416.90] who is at least 18 years of age, and thereafter mail a copy of the claim and order to the defendant’s usual mailing address. [CCP §116.340(a)(3).]

Question & Answer Click

 
 
 
previous page next page