Service of Process · Updated October 2026

Drop Service of Process in California

A defendant who refuses to take the papers can still be personally served. Whether it holds up depends on what happened at the door, and on how well the proof describes it.

Direct Legal Blog

Service of Process

First published 2013 · Updated October 2026

The server’s note says “drop served.” The defendant opened the door, heard what the papers were, said no and shut it, and the papers stayed on the mat. In California that can be good personal service. It can also be exhibit A in a motion to set aside the default, depending on what the server can say about who was there and what was said. Here’s how courts look at it, and what to check before you rely on it.

The basics

What Drop Service Is, and Isn’t

Drop service isn’t a separate method in the statute. It’s personal delivery under CCP § 415.10 in a situation where the defendant won’t take the papers by hand. Service is complete at the moment of delivery, the same as when the defendant takes them.

The rule comes from the cases: a person who knows that service is being attempted can’t avoid it by refusing the papers and walking away, and leaving the papers within the person’s reach completes the delivery. What it doesn’t cover is leaving papers at a door when nobody answers, or with someone other than the defendant. Those aren’t personal delivery, and they count only if they meet the separate requirements for substituted service.

The authority

What the Cases Say

In re Ball (1934) 2 Cal.App.2d 578. The person to be served refused the papers and moved away while watching the server, who tossed them so they landed near him. The court held that “service cannot be avoided by denying service and moving away” when it’s clear what is happening.
Trujillo v. Trujillo (1945) 71 Cal.App.2d 257. The server found the defendant in his parked car, read and explained the papers, and the defendant rolled up the window. The server put the papers under the windshield wiper in plain view. The court upheld the finding of personal service.
Khourie, Crew & Jaeger v. Sabek (1990) 220 Cal.App.3d 1009. At a business, a receptionist wouldn’t unlock the door or take the papers. Leaving them outside the door in her view, then mailing a copy, was upheld as substituted service on the company.

The common thread is knowledge and reach: the person knew what was going on, and the papers were left where the person could take them. None of these cases sets a distance, and none makes a doorstep or a windshield automatically enough. Each turned on its own facts.

The weak point

Identity Is Usually the Weak Point

Refusals rarely come with a friendly introduction. More often it’s a voice saying the defendant isn’t home, or a door that closes fast. So the first question about any drop service is how the server knew the person was the defendant: a recent photo, a prior encounter, the person’s own admission, a description that matched, the car registered to the defendant. An address match alone doesn’t answer it.

If the person who refused turns out to be someone else, the service fails as personal delivery. A conversation through a closed door or a video doorbell has the same problem from the other direction, because nothing was delivered.

Proof of service

What the Proof of Service Should Say

A box checked for personal delivery tells a judge very little about a refusal. Ask for a description, on the proof or in a declaration with it:

who the person was and how the server identified them
what the server said about the papers, and how the person responded
where the papers were left, how close to the person, and whether the person saw it happen
the date, time, and address

That detail matters more starting in 2027. Today, a registered process server’s return creates a presumption that the facts in it are true (Evidence Code § 647). For service on or after January 1, 2027, a defendant who offers evidence that service wasn’t lawful rebuts that presumption, and the plaintiff then has to prove service by a preponderance of the evidence, often with the server testifying (CCP § 473.2). A refusal is exactly the kind of service a defendant is likely to deny.

One myth to drop: earlier versions of this article said papers can’t be left in a sealed envelope. No statute or case we know of says that. What matters is that the person was told what the papers are and that they were left within reach.

New in 2027

What Changes in 2027

Starting January 1, 2027, the proof of service for personal delivery has to include a photo of the service site with an automatic date, time, and GPS stamp, taken as close as practicable to the service, showing the door of the home or the specific office (or the entrance, with an explanation, if the door isn’t reasonably accessible). If there’s no signal, the server explains the missing location stamp; if a photo would have put the server at risk, the server documents the service and the reason instead (CCP § 417.10).

A photo shows where and when. It doesn’t show who refused or what was said, and the law doesn’t require a photo of the person, so the written description still carries the service. Our article on the 2027 service changes has the full list.

Next steps

If the Facts Don’t Hold Up

If the description can’t establish who refused, or the papers ended up somewhere the defendant couldn’t reasonably reach them, serve again before you rely on it. Another attempt costs far less than a motion to set aside a default a year from now. If the defendant is avoiding service, substituted service or a court-ordered method may be the better path; our article on defendants avoiding service walks through the options.

Direct Legal’s registered process servers serve evasive defendants every day. Tell us anything that helps identify the defendant when you order. Every process serving order in California includes up to 4 to 6 attempts at a single address, made at different times of day, and a signed proof of service when service is complete.

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.