Process Servers · Updated October 2026

Why You Should Use a Registered Process Server

Any adult can serve a summons in California. Only a registered process server’s proof of service carries a legal presumption that what it says is true.

Direct Legal Blog

Process Servers

First published 2013 · Updated October 2026

A lawsuit starts with notice: the summons and complaint have to reach the defendant, and a proof of service has to show the court how they did. If the service was defective, everything built on it can come down, including a default judgment. California lets the plaintiff pick almost anyone to do the job, and that choice decides what the proof is worth later. This article, first published in 2013, has been rewritten for the rules in effect now and the change coming on January 1, 2027.

The rule

Who Can Serve a Summons in California

A summons may be served by any person who is at least 18 years old and not a party to the action (CCP § 414.10). The plaintiff can’t serve it personally, but a friend, a relative, a business associate, or a staff member at the plaintiff’s law office can. So can the sheriff or marshal, and so can a registered process server.

The statute doesn’t rank those choices. The Evidence Code does.

Business and Professions Code

What “Registered” Means

Anyone who makes more than 10 services of process in a calendar year for pay has to register as a process server with the county clerk (Business and Professions Code § 22350). Registration means:

a $2,000 bond, or cash in its place, filed with the county clerk (§ 22353), which a person harmed by the server’s work can recover against
a fingerprint check through the Department of Justice before the first registration and after any lapse (§ 22351.5)
a registration that lasts two years, or until the bond expires, whichever comes first (§ 22354), with a county registration number and an identification card
the right to enter a gated community to serve process after showing the registration to the guard (CCP § 415.21)

Serving for pay without registering when the law requires it is a misdemeanor. Our article on registered process servers covers the registration law in detail.

The advantage

The Presumption Under Evidence Code § 647

Evidence Code § 647 says that the return of a registered process server on process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return. In plain terms: when a registered process server signs the proof of service, the court starts from the position that the service happened the way the proof describes it.

A defendant who wants to set aside a default on the ground that service never happened has to produce evidence to the contrary. A bare denial isn’t enough. A sworn declaration that the defendant was out of state on the service date, or that nobody by the description in the proof lives at the address, is the kind of evidence that puts the question in play.

No presumption attaches to a proof of service signed by a friend, a relative, or an office employee. In that case the parties come into court on equal footing, the defendant’s declaration against the server’s, and the plaintiff has given up an advantage the law offered for nothing more than hiring a registered server.

AB 747

What Changes on January 1, 2027

AB 747 adds CCP § 473.2 for service attempted or completed on or after January 1, 2027. A party who says it wasn’t lawfully served can move to set aside the default or default judgment. If that party offers evidence, by sworn declaration or otherwise, that service wasn’t lawful, the presumption from the server’s return is rebutted, and the party that took the default then has to prove lawful service by a preponderance of the evidence. The court has to take evidence and can’t refuse a reasonable request for a hearing with live testimony.

So the presumption still decides who has to speak first, but the proof of service decides who wins. From 2027 a proof of service of summons also has to include photos of the site of each attempt and of the service, stamped with the date, time, and location (CCP § 417.10), and substituted service on an individual requires at least three attempts on three different days at three different times (§ 415.20(b)). A registered process server whose records are built for that hearing is worth more under the new rule, not less. Our articles on the 2027 changes and checking the proof of service before default have the details.

Before you file the proof

What to Check on a Registered Server’s Proof

The server’s name, county of registration, and registration number are on the proof (form POS-010 has the box, item 7).
The method of service matches what happened, with the date, time, address, and a description of the person served.
For substituted service, the declaration of diligence lists each attempt, and the mailing date is shown.
For service on or after January 1, 2027, the photos and any statement explaining a missing location stamp or a safety exception are attached.

Direct Legal’s servers are registered and bonded in the California counties where they work, and every proof of service we sign carries the registration number. 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.