Service of Process · Updated October 2026

Why Process Servers Are Important

A court can’t decide a case against someone who was never told about it. Service of process is how the law makes sure the defendant was told, and process servers are the people who do it.

Direct Legal Blog

Service of Process

First published 2016 · Updated October 2026

Every civil case has the same first step after filing: the defendant has to be served with the summons and complaint. It sounds like a formality, and it’s the step that most often undoes a judgment later. This article, first published in 2016, explains what service of process does, who can do it, the deadlines around it, and how the rules change on January 1, 2027.

Why it exists

Due Process: Notice and a Chance to Be Heard

The United States and California constitutions bar the government from taking a person’s liberty or property without due process of law, and a court judgment is the government acting. Due process in a lawsuit starts with notice: the defendant has to be told, in a way the law recognizes, that a case has been filed and what’s being claimed, and has to be given a chance to respond. Service of process is that notice.

Service also has a second job. Under CCP § 410.50, the court has jurisdiction over a party from the time the summons is served on that party. Until then the court can’t enter a judgment against the defendant, and if the defendant doesn’t respond after proper service, the plaintiff can ask the clerk or the court for a default (CCP § 585). A default built on bad service is void, and the defendant can move to set it aside, in some cases years later.

The server

Who Can Serve, and Why It’s Usually a Professional

A summons may be served by any person who is at least 18 and not a party to the case (CCP § 414.10). The plaintiff can’t do it personally. Historically the sheriff served civil papers, and the sheriff and marshal still do. As caseloads grew, registered process servers took over most of the work: people who serve for pay have to register with the county clerk, post a bond, and clear a fingerprint check (Business and Professions Code § 22350 and following).

Litigants hire process servers for three reasons: they go when the defendant is home, they know the rules for each kind of defendant and each method of service, and a registered server’s proof of service carries a presumption that the facts in it are true (Evidence Code § 647). Our articles on registered process servers and the professional versus the sheriff go deeper.

The papers

What Process Servers Deliver

The summons and complaint are the most common, and far from the only papers that have to be served in person:

summons and complaint in civil, family law, and probate cases, and the claim and order in small claims
unlawful detainer (eviction) summons, and the notices that come before them
subpoenas for testimony or records, which can’t be served on a nonparty by mail
orders to appear for a judgment debtor examination, and writs and levies after judgment
restraining order petitions, citations, and other papers a court orders served personally

A process server also has to know when personal delivery isn’t possible and what comes next: substituted service with a mailing, service by mail with an acknowledgment, service by posting in an eviction case, or, as a last resort, service by publication with the court’s permission. Each has its own requirements.

The clock

The Deadlines Around Service

Serve within 60 days. In an unlimited civil case the complaint must be served on all named defendants and the proofs of service filed within 60 days after the complaint is filed (Cal. Rules of Court, rule 3.110(b)). Miss it and the court can issue an order to show cause.
30 days to respond. A defendant served with a civil summons has 30 days to respond (CCP § 412.20(a)(3)). With substituted service, the clock starts when service is complete, 10 days after the mailing (§ 415.20).
10 days in an eviction. A tenant served with an unlawful detainer summons has 10 days to respond, not counting weekends and court holidays (CCP § 1167).
Default after that. Once the response time runs with no answer, the plaintiff can request entry of default (CCP § 585). The proof of service has to be on file and has to be right.

A different set of rules

Service of Process vs. Service of Later Papers

Service of process is the delivery that brings the defendant into the case. Papers served after that, such as motions, discovery, and notices, are served under a different set of rules (CCP §§ 1010 to 1013b) and usually go by mail, overnight delivery, or electronic service. A party represented by an attorney has to accept electronic service (CCP § 1010.6), so most law firm papers now move electronically. See E-Filing Is Not E-Service.

A few later papers still need personal delivery: a subpoena to a nonparty witness or custodian, an order to appear for a debtor examination, and anything a court orders personally served. That’s where a process server comes back into the case.

Pricing

What a Process Server Costs

Rates depend on where the defendant is and how fast you need the first attempt. Ours are published on our process serving rates page, with rush and same-day options and separate prices for parties without an attorney. The fee for service by a registered process server is a recoverable cost (CCP § 1033.5(a)(4)), so the prevailing party can add it to the judgment.

When you compare quotes, ask how many attempts are included, whether the server goes evenings and weekends, and whether the proof of service and the mailing for substituted service are part of the price.

AB 747

What Changes on January 1, 2027

AB 747 raises the standard for every server. Substituted service on an individual will require at least three attempts at personal delivery on three different days at three different times, the proof of service will have to include photos of each attempt and of the service, and a defendant who offers evidence that service wasn’t lawful will shift the burden to the plaintiff to prove it was (CCP §§ 415.20, 417.10, 473.2). Our article on the 2027 changes walks through each one.

Direct Legal has served process in California since 1961. 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. We serve substituted service with the mailing and a declaration of diligence, and our servers are preparing now for the photo and attempt rules that start in 2027.

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.