Service of Process · Updated October 2026

California Small Claims Court Service of Process

A small claims case doesn’t go forward until the defendant is served with the claim and order. The methods, the deadlines, and the proof, under CCP § 116.340.

Direct Legal Blog

Service of Process

First published 2013 · Updated October 2026

Small claims court is built to be quick and inexpensive: a natural person can sue for up to $12,500, a business or other entity for up to $6,250, and nobody appears through a lawyer (CCP §§ 116.221 and 116.220). The one step that trips up plaintiffs most often is service. The defendant has to receive the Plaintiff’s Claim and ORDER to Go to Small Claims Court (form SC-100) in one of the ways the statute allows, on time, with proof filed before the hearing. This article, first published in 2013, has been rewritten for the current rules.

CCP § 116.340

Four Ways to Serve a Small Claims Defendant

Section 116.340(a) allows the claim and order to be served by any one of these methods:

Certified mail by the clerk. The court clerk mails the claim and order by a form of mail with a return receipt, for a fee (currently $15 per defendant in the courts we checked). Service is complete on the date the defendant signs the return receipt (§ 116.340(d)). If someone else signs, or nobody does, the service fails and you have to serve another way, so leave time for that.
Personal delivery. Any person at least 18 years old who isn’t a party hands the papers to the defendant. That can be a friend, the sheriff or marshal, or a registered process server. The plaintiff can’t do it. Service is complete on the date of delivery.
Substituted service. The server leaves the papers at the defendant’s home, usual place of business, or usual mailing address with a competent adult, tells that person what the papers are, and then mails a copy to the defendant at the same address. Section 116.340(a)(3) lets a small claims plaintiff use substituted service without first attempting personal delivery, and service is complete 10 days after the mailing (CCP § 415.20).
The clerk’s order. In some courts the clerk mails the claim and issues the order itself under § 116.330.

Ordinary first-class mail by the plaintiff is not on the list. Neither is email. A defendant served some other way can have the hearing continued or the judgment vacated.

Count backward from the hearing

The 15-Day and 20-Day Deadlines

Service has to be complete at least 15 days before the hearing if the defendant lives in the county where the case was filed, and at least 20 days before the hearing if the defendant lives outside the county (CCP § 116.340(b)). Complete is the key word:

Personal delivery is complete the day the papers are handed over, so the handoff has to happen 15 or 20 days before the hearing.
Substituted service is complete 10 days after the mailing, so the papers have to be left and mailed 25 or 30 days before the hearing.
Certified mail is complete when the defendant signs for it, which you can’t control, so order it as soon as the hearing is set.

The proof of service, on form SC-104, has to be filed with the court at least 5 days before the hearing (§ 116.340(c)). If service can’t be completed in time, ask the clerk to reschedule the hearing before the date arrives rather than showing up without a served defendant.

Entities

Serving a Business Defendant

Name the defendant correctly first. A sole proprietor is sued by name, doing business as the business name. A corporation or LLC is sued under its registered name, which you can check on the Secretary of State’s business search, and a fictitious business name statement at the county clerk tells you who owns a trade name.

A corporation is served through an officer or its agent for service of process (CCP § 416.10); an LLC through its agent, a manager, or an officer (§ 416.10 and Corporations Code § 17701.16).
Substituted service on a business can be made at the office during business hours with the person apparently in charge, followed by the mailing (§ 415.20(a)).
A business that has let its registration lapse, or whose agent can’t be found, can often be served through the Secretary of State with a court order. Ask the small claims advisor at your court.

Our article on serving a registered agent, corporation, or LLC explains who can accept for each kind of entity.

The other direction

Serving a Defendant’s Claim

A defendant who wants to sue the plaintiff back files a Defendant’s Claim (form SC-120) in the same case. It’s filed and served the same ways, and the deadline is shorter: the defendant’s claim has to be served at least 5 days before the hearing, or at least 1 day before the hearing if the defendant was served 10 days or less before the hearing date (CCP § 116.360).

AB 747

A Note on the 2027 Service Changes

AB 747 rewrites the rules for serving a civil summons on January 1, 2027: three attempts before substituted service on an individual, photos on the proof of service, and a new burden of proof when service is challenged. It doesn’t amend CCP § 116.340, so the small claims provisions above stay as written, including substituted service without a first attempt. Even so, we attempt personal delivery first in small claims cases, because a defendant who was handed the papers has little to argue about later. See What Changes for Service of Process in 2027.

Direct Legal

Serving Small Claims Papers Through Direct Legal

We serve Plaintiff’s and Defendant’s Claims throughout California and sign the proof of service as registered process servers, so the presumption under Evidence Code § 647 applies if the defendant later disputes the service. Tell us the hearing date when you order so the attempts are timed to the 15-day or 20-day deadline, and we’ll handle the mailing when substituted service is used. Our process serving rates page shows prices for parties without an attorney. Every Direct Legal process serving order in California includes up to 4 to 6 attempts at a single address, made at different times of day, with a signed proof of service when the job is done.

Please note

About This Article

This article is general information about California law and court procedure as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Direct Legal Support is a registered process serving and litigation support company, not a law firm. Statutes, court rules, and forms change, so check the current versions and your court’s local rules, and talk with an attorney about your specific matter.