Proof of Service PersonalCal. Super. - 6th Dist.March 16, 2020Qt _ Clerk stamps date here when form is filed. SC-1O4 Proof of Semce u E Use this form t0 serve a person, a business, 0r a public entity. T0 learn more about proof 0f service, read WhatIs 'ProofofServz‘ce”?, Form SC-104B. To learn more about how to serve a business or entity, read How to Senve a Business 0r Public Entity, Form SC-104C. To serve a business, you must serve one of the following people: ° Owner (for a sole proprietorship) - Partner (for a partnership) or general partner (for a limited partnership) ° Any officer or genera] manager (corporation 0r association) 0 Any person authorized for service by the business (corporation, association, general partnership, [finned partnership) Fill in court name and‘étreet address: c Any person authorized for service With the Secretary of State (corporation, suPerior court 0f california’ county Of association, limited liability company [LLC], limited liability partnership Superior Court.0ivi| Division [LLP], limited partnership) 191 N. First St. To serve a public entity, you must first file a claim with that entity, then San Josel CA 95113 serve one of the following people: - Clerk (of a city 0r county) - Chief officer or director (of a public agency) F’” i" 0359 number» 0359 "ame- hearing dale. . . . da . time, and de aflment beiow: ' Any person authonzed for serv1ce by the ent1ty 0:58 Numberp® a. Ifyou are serving a person, write the person’s name below: 2 9 S CQ 8 2 9 4 9me Shyxpad £001an - b. If you are serving a business 0r entity, write the name 0f the business or entity, the person authorized for service, and that person’s job title: Case Name: Business or Agency Name Hearing Dat : Sfi l 2 0 Person Authorized for Service Job Title Time: \ -_ oD 9M Dept:® Instructions to Server: ‘ You must be at least 18 years old and not be named in this case. Follow these steps: - Give a COpy of all the documents checked in© to the person‘inCD, 0r ' Give a COpy of all the documents checked in® to one 0f the following people: a. A competent adult (at least 18) living with, and at the home of the person in ®, or b. A11 adult (at least 18) who seems to be in charge at the usual workplace of the person in ®, or c. An adult (at least 18) who seems to be in charge where the person in®usually receives mail (but not a U.S. Post Office box), if there is no known physical address for the person i116). and mail a c0py of the documents lefi with one of the adults in a, b, or c above to the person i116). THEN - Complete and sign this form, and - Give or mail your completed form to the peIson who asked you t0 serve these court papers, in timefor thefomt t0 beflled with the court at least 5 days before the hearing. ® I sewed the person in® a copy of the documents checked below: O a. SC-lOO, Plaintzfl’s Claim and ORDER t0 Go t0 Small Claims Court b- D SC-120, Defendant’s Claim and ORDER t0 G0 t0 Small Claims Court c. D Order for examination (Wzbfbrm must be personally served. Check theform that was served): Note: The court can issue a civil arrest warrant Ifthe servedparty does not come t0 court only ifthe orderfbr atamination was personally served by a registeredprocess server, shenfi‘: marshal, or someone appointed by the court. (1) D SC-134, Application and Order t0 Produce Statement ofAssers and t0 Appearfor Examination (2) D AT-l38/EJ-125, Application and Orderfor Appearance and Examination d. D Other {specifi}: Juandamounwomanromia, wwwmwnhfomgov proof of Service SC-1 D4, Page 1 $2Revised January 1. 2009. Optional Form ' Code crown Procedure. §§ 116.340. 415.10. 415.20 (Small Clalms) gr Case Number: 298cm 8 2 945$ Case name: ® Fill out “a” or “b” below: a, E! Personal Service: I personally gave copies of the documents checked in© to the person in®: On (date): 2010 At (time):M D a.m. mpm. At this address: 52-53- QOYUXWC “Y City: SM“ 3-035”?- State' 0A $ngqu b. D Substituted Service: Ipersonally gave copies 0f the documents checked in© (a, b; or d) to (check one): D A competent adult (at least 18) at the home of, and living with the person i116) , or D An adult Who seems to be in charge where the person in® usually works, or B An adult who seems to be in charge where the person in©usually receives mail, or has a private post office box (not a U.S. Post Office box), if there is no known physical address for the person in®. I told that adult, "Please give these court papers to (name of person in®." Idid this 0n (date): At (time): D am. D pm. At this address: City: State: Zip: Name or description of the person I gave the papers to: After serving the court papers, I put copies of the documents listed in© in an envelope, sealed the envelope, and put first-class prepaid postage on it. I addressed the enveIOpe t0 the person in® at the address where I lefi the copies. I mailed the envelope on (date): from (city, state): by leaving it (check one): a. D At a U.S. Postal Service mail drop, 0r b. D At an ofiice or business mail drop where Iknow the mail is picked up every day and deposited with the U.S. Postal Service, or c.D With someone else I asked to mail the documents to the person in (D, and I have attached that person’s completed Form SC-104A. ® Server’s Information Name: IVA“Qua Meta CQberCA Phone: 5b \ ' 'LCP‘ "%88 Address: (04 q to Bagvxcw Dr City: Damiand State: (A Zip: QLHOOS Fee for service: $ l2 .0 D Ifyou are a registeredprocess server: _ county Ofregisuationi Registration number: ® Ideclare under penalty 0f perjury under California state law that I am at least 18 years 01d and not named in this case and that the information above is [me and correct. Date:M5 . Tumma Hum Cam“m } Type 5? print server's name Server s n5 here after serving RevisedJanuaryLNOg Proof of Service SC-104. Page 2 of2 ’ (Small Claims) 5C4 04B What Is “Proof of Service”? What is “service”? “Service" or “sgrving” is when someone-notyou 0r anyone else listed in this case-gives a copy of your court papers to the person, business, or public entity you are suing. Service lets the other party know: - What you are asking for - When and where the trial will be and - What the parry can choose to do There are strict rules for serving court papers. This form explains how to serve these forms: - Form SC-IOO, Plaintifl‘b Claim - Form SC-120, Defendant’s Claim How is service done? This form tells you how to serve by personal service or substituted service. Personal service means someone gives the papers directly t0 the person being sued 0r t0 the agent authorized t0 accept service (business or public entity). Substituted service means someone gives the papers to an adult where the person lives, works, 0r receives mail (including a private post officebox, but not a U.S. Postal Service P.O. Box). What if the court papers do not get sewed? The judge cannot hear your case unless the court papers were served correctly. Can the court serve the papers for me? Yes. You can pay the court to mail your claim to the person you are suing. But if the person you are suing or the person’s agent for service doesn’t sign the U.S. Postal Service mail receipt with his 0r her complete name, 0r if someone else signs the receipt, you will have to sewe again using personal or substituted service. Who can serve? You can ask a friend, a process server, 0r the Sheriff. The server must be at least 18 and not listed in the case. A “process server” is someone you pay to deliver court fonns. Look in the Yellow Pages under “Process Serving.” The Sheriff (or Marsha] if your county has one) can also deliver court forms. Ask the court clerk how t0 contact the Sheriff. Or look in the county section ofyour phone book under “Sheriff." You must pay the server, unless you qualify for a fee waiver. How is personalservice done? Ask someone who is at least 18 and not listed in this case t0 personally “serve” (give) a copy ofyour court papers t0 the person or the agent authorized to accept court papers for the person, business, or public entity listed on Form SC-104. Give the server a separate ProofofServz‘ce form for each person, business, or public entity you are suing. And tell the server to: - Walk up to the person to be served. - Say, “These are court papers.” - Give the person copies of all papers checked on Form SC-104, ProofofSenlice. If the person won’t take the papers, just leave them near the person. It doeSH’t matter if the person tears them up. - Fill out and sign page 2 of Form SC-104, Proofof Service. How is substituted service done? Ifyou don’t want to use personal service 0r can’t find the person to be served, ask someone who is at least 18 and not listed in this case to serve the court papers. Give the server a separate ProofofService form for each person, business, or public entity you are suing. Tell the server t0 give the papers to: - A competent adult (at least 18) at the home of and living with the person t0 be served 0r - An adult who seems to be in charge where the person to be served usually works or ° An adult who seems to be in charge where the person receives mail (including a private mailbox, but not a U.S. Postal Service P.O. Box). Note: This is only for cases where the physical address 0f the person to be served is not known. Then do the following: - Write down that person’s name and say, “Please give these court papers to [name ofperson t0 be served].” If the person does not want t0 give his 0r her name, describe the person you served. ° Give that person copies 0f all papers checked on Form SC-104, Proofof Serviée. If the person won’t take the papers, just leave them near the person. - Mail another copy of the papers (by fmt-class mail) to the person being sued at the same address where you left the papers. ’ - Fill out and sign page 2 of Form SC-104, Proofof Service. Judidal Councfl of California. www.wmmgov Rev. January 1, 2011 What ls “Proof of Service”? (Small Claims) 30-1 04B, Page 1 of2 .9 sc'104B What ls “Proof of Service”? What does the server do with the original Proof of Service form? If a process server or Sheriff served the papers, he 0r she can file Form SC-IO4, ProofofServfce, with the clerk; If the server used a different ProofofService form, ask him 0r her to list each paper served on the form. Also make sure that the registered server will file the original directly with the court and will mail you a copy 0f the filed form. Take it with you when you go t0 court. If a fi-iend served the papers, tell him or her to give the completed form back to you. Keep a COpy for your records and take the copy with you when you go to court. You need t0 file the original completed ProofofService form 5 days before your trial. When do the court forms have to be sewed? - If you are serving Form SC-IOO, Plaintiffs Claim, look at the tn'al date on page 1. Then, look at a calendar. Forpersonal service, subtract 15 days from the trial date (0r 20 days if the person, business, or public entity is located outside the county). That’s the deadline for serving your small claims forms. But you can serve the forms before the deadline. For substituted service, subtract 25 days from the date the server mailed a copy of the court papers served (or 30 days if the person, business, or public entity is located outside the county). That’s the deadline for serving your small claims forms. But you can serve the forms before the deadline. If the person, business, or public entity to be served is outside California 0r ifyou are serving a different form, ask the Small Claims Advisor for more information. - If you are serving Form SC-120, Defendant’s Claim, look at the trial date on page l. Then look at a calendar. For personal 0r substituted service, subtract 5 days from the trial date. That’s the deadline for serving your small claims forms ifyou were served at least 11 days before the tn'al. If you were served 10 days or less before the trial date, you must serve at least 1 day before the trial. But you can serve the forms before the deadline. What ifl can’t get the court papers served before the trial? Ifyou were not able to serve your claim (Form SC-lOO or SC-120) before the deadline for service, talk to your Small Claims Clerk. Each county has its own rules. Ifyou already served your claim on some parties but not everyone you are suing, you may need t0 fill out and file Form SC-150, Request t0 Postpone Trial, at least 10 days before the trial date (or explain why' you couldn't meet the 10-day deadline). Then give 0r mail a copy 0f this form t0 aIl other Plaintiffs and Defendants listed on your court papers. The coun may postpone your trial for 15 days or more. Who do | have to serve? Ifyou are suing a person (or people)-not a business or public entity-serve each person you are suing. For example, if you were in a car accident and you are suing the owner and the driver of the car, you must list the names of the owner and the driver on your claim and serve both people. Examples: If the owner and driver are the same person: Lee Smirk, owner and driver If the owner and driver are not the same person: Lee Smith, owrxer and driver Bob Smith, owner If you are suing a business, an association, or a public entity, read Form SC-104C, How t0 Serve a Business. Need help? Your county’s Small Claims Adviser can help for free. ’ SmaH-Claims Adyisor {409) 829-9100 (nnfinns 2 6) Or go to “County-Specific Court Information” a-t: www.courtinfo.ca.gov/seb‘help/smallclaims What ls “Proof of Service”? Rev. January 1. 2011 (Small Claims) SC-1 04B. Page 2 of2
