§2.11 Time for and Proof of Service

Service of the claim and order on the defendant must be completed [CCP §116.340(b)]:

• At least 15 calendar days before the hearing date if the defendant resides within the county where the action is filed, or
• At least 20 calendar days before the hearing date if the defendant resides outside the county where the action is filed.

Service is deemed complete

• on the date that the defendant signs the mail return receipt,
• on the date of the personal service,
• on the 10th day after mailing for substituted service, or
• as established by other competent evidence,

whichever applies to the method of service used. [CCP §§116.340(d), 415.20(b).] Form SC-104B explains what “proof of service” is. Proof of service must be filed at least five days before the hearing. [CCP §116.340(c).] Parties may use form SC-104 for proving service, and may attach form SC-104A for proof of mailing after substituted service.

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