Service of Process · October 2026

Before You Request Default, Check the Proof of Service

Ten minutes with the proof of service now can save a motion to set aside the default later.

Direct Legal Blog

Service of Process

Published October 11, 2026

The defendant’s time to respond has run out, and the request for entry of default is ready to file. Before it goes in, read the proof of service the way the other side will if they ever move to set the default aside. Most problems are easy to fix while the serve is recent and the server remembers it. A year from now, they’re not.

Step 1

Is It the Right Defendant and the Right Papers?

Compare the proof of service with the summons and the complaint. The defendant’s name should match the summons exactly, including any business name or capacity, such as an individual doing business under a trade name. Then check the list of documents served: the summons, the complaint, and anything else your court requires to go with them, such as the court’s ADR information package (Cal. Rules of Court, rule 3.221(c)).

Next, look at who received the papers and where. If the server left them with someone other than the defendant, the proof should identify that person by name or description and explain how they relate to the defendant or the address.

Step 2

Does the Method Fit the Defendant?

Personal delivery (CCP § 415.10). The proof should show delivery to the defendant with the date, time, and address. Service is complete on delivery.
Substituted service on an individual (§ 415.20(b)). Look for attempts that show reasonable diligence, delivery to a competent member of the household or a person apparently in charge who is at least 18 and was told what the papers are, and the follow-up mailing to the same address. A declaration of diligence describing the attempts should be attached.
Service on a business (§ 416.10 and related sections). Check that the person served could accept for the company: its registered agent, an officer, a general manager, or someone else the statute allows. If the company was served through its agent, confirm the agent on the Secretary of State’s records was current on the day of service.
Mail with acknowledgment (§ 415.30). Service is complete only when the defendant signs the acknowledgment and it’s returned. No signed acknowledgment, no service.
Publication (§ 415.50). You need the court’s order and the newspaper’s proof of publication.

Step 3

Recalculate the Dates Yourself

Don’t count the response time from the day the server handed over the papers. Count it from the day service was complete:

Personal delivery: the day of delivery.
Substituted service under § 415.20: the 10th day after the mailing.
Mail with acknowledgment: the day the acknowledgment was signed.
Service by mail outside California under § 415.40: the 10th day after mailing.
Publication: the end of the 28th day, counting the first day of publication.

Then add the response time: 30 days for a civil complaint (CCP § 412.20(a)(3)), or in an unlawful detainer, 10 days not counting Saturdays, Sundays, and court holidays (CCP § 1167). Before filing, check the docket for an answer, a demurrer, or a motion to quash, and check your file for a stipulation extending time. Parties can agree to one 15-day extension without a court order (Cal. Rules of Court, rule 3.110(d)).

Step 4

For Service in 2027, Check the Photos

For personal delivery, substituted service, and posting on or after January 1, 2027, the proof of service has to include photographs of the site, each with an automatic date, time, and GPS stamp, showing the door or, if the door couldn’t be reached, the entrance with an explanation (CCP § 417.10, as amended by AB 747 and AB 2042). Look for:

a photo for the completed service and for the attempts the proof relies on
stamps whose dates and times match the proof and the declaration of diligence
the right unit or suite number, if the address has one
a detailed statement wherever a photo or a stamp is missing, whether because there was no signal or because the server judged it unsafe
for substituted service on an individual, at least three attempts on three different days at three different times, including one at the defendant’s home in a consumer debt case

This matters more than it used to. Under new CCP § 473.2, a defendant who offers evidence that service wasn’t lawful rebuts the presumption that the proof is accurate. The plaintiff then has to prove service by a preponderance of the evidence, at a hearing where the court can’t refuse a reasonable request for live testimony. AB 747 also amends CCP § 585(b), so the clerk enters a default on the written application and proof of service of the summons. Our article on the 2027 service changes covers the details.

Step 5

When Something Doesn't Add Up

Call the process server before you file, not after. A misspelled name, a missing apartment number, or a mailing date that doesn’t match can often be explained, and if the facts support it, the server can sign an amended proof of service. What a server can’t do is add a fact that didn’t happen. If the record shows service was incomplete, serving again is usually faster and cheaper than defending the default later.

Also confirm the proof is on file. Under the Rules of Court, proofs of service of the summons are due within 60 days after the complaint is filed (rule 3.110(b)), so the proof may already be in the court’s file, and any amended version should be filed too.

Before you file

A Quick Checklist

The defendant’s name and the documents served match the summons and complaint.
The person served, and their authority or relationship, fits the method used.
Every step of the method is documented: attempts, mailing, acknowledgment, or court order.
You calculated the completion date and the response deadline yourself.
The docket shows no response, and nothing in the file extends the time.
The proof is signed and complete, and for 2027 service, the photos and any required statements are attached.
The proof is filed, or ready to file with the request for default.

Direct Legal’s registered process servers deliver a signed proof of service as soon as service is complete, and our court filing team can file it, along with your request for default, at any California courthouse.

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.