California Form POS-010, Proof of Service of Summons, is the Judicial Council form your server signs and you file to show the court that the defendant received the summons and complaint. Complete it by filling in the case caption, listing every document delivered, naming the person served, entering the address, date, time, and method of service, checking the correct capacity box, and having the server sign under penalty of perjury. Then file the original with the clerk of the court where the case is pending. You can download the current version at courts.ca.gov.1California Courts. Proof of Service of Summons POS-010 Nothing in your case moves forward — no default, no trial date — until this form is on file.
Who Can Sign as the Server
The person who signs POS-010 must be at least 18 years old and cannot be a party to the lawsuit.2California Legislative Information. California Code of Civil Procedure CCP 414.10 If you are the plaintiff, you cannot deliver the papers yourself and sign the proof. A friend, relative, coworker, professional process server, or the county sheriff can do it. If the plaintiff signs as the server, the entire proof of service is invalid.
Match the Form to How Service Actually Happened
Item 5 on POS-010 asks the server to identify the method used. The three methods, and what each requires, are different enough that you need to know which one applies before you start filling in the form.
Personal Service
The server physically hands the summons and complaint to the person being served. Service is complete on delivery.3California Legislative Information. California Code of Civil Procedure CCP 415.10 On the form, the server checks box 5a and writes in the date and time.
Substituted Service
If the server cannot reach the defendant in person after reasonable attempts, the papers may be left with a competent adult at the defendant’s home, workplace, or usual mailing address, and a copy must then be mailed by first-class mail to the same address.4California Legislative Information. California Code of Civil Procedure CCP 415.20 California courts expect at least three attempts on different days and at different times before accepting substituted service.5California Courts. Serve Papers by Substituted Service Service is deemed complete on the tenth day after mailing. On the form, the server checks box 5b, enters the date and time the papers were left, names the person who accepted them and their relationship to the defendant, and records the date the follow-up copy was mailed.
Service by Mail With Acknowledgment
The server mails the summons, complaint, two copies of a Notice and Acknowledgment of Receipt, and a prepaid return envelope. Service is complete on the date the defendant signs and returns the acknowledgment.6Justia Law. California Code of Civil Procedure CCP 415.30 If the defendant does not return it, service has not occurred. On the form, the server checks box 5c.
Filling Out POS-010 Item by Item
The form runs two pages. Every field matters; inconsistent or blank entries give the other side grounds to move to quash service.
Caption and Item 1
At the top, enter the case name, court, and case number exactly as they appear on the filed complaint. Item 1 is a preprinted declaration that the server was at least 18 and not a party at the time of service; the server confirms this by signing the form at the end.7Judicial Council of California. Proof of Service of Summons
Item 2: Documents Served
Check every document that was in the packet: summons, complaint, Alternative Dispute Resolution package, Civil Case Cover Sheet (required in complex cases), cross-complaint, and any others. If additional papers went out, write them in under “other.” Anything left off this list is treated as not delivered.
Item 3: Party Served
Write the party’s name exactly as it appears on the summons. Small differences — a missing middle initial, a nickname substituted for a legal name — invite a motion to quash.
Items 4 and 5: Address, Date, Time, and Method
Item 4 is the full street address where service took place. Item 5 records the method as described above. For substituted service, do not leave the mailing date blank; the form has to show that the follow-up mailing happened, or service is incomplete.
Item 6: Capacity of the Person Served
This is where the server identifies the legal capacity in which the recipient received the papers. The options include:
- As an individual defendant, when the defendant is a person sued in their own name.
- Under a fictitious name, when the defendant is sued under a business name or alias.
- As an occupant, used in unlawful detainer (eviction) cases.
- On behalf of an entity, when the papers were delivered to someone authorized to accept service for a corporation, partnership, public entity, or other organization. The server must specify the code section, such as CCP 416.10 for a corporation.
- As a minor or conservatee, when the defendant is under 18 or under a conservatorship and papers went to a parent, guardian, or conservator.
Checking the wrong capacity box is one of the fastest ways to have a proof of service rejected. If the papers were delivered to a corporate officer on behalf of the company, checking “as an individual defendant” instead of “on behalf of” means the company has not been proven served.7Judicial Council of California. Proof of Service of Summons
Item 7: Server Information
Enter the server’s full legal name, address, and telephone number. A registered process server or sheriff also provides a registration or identification number, the county of registration, and the expiration date.
Item 8: Signature Under Penalty of Perjury
The server signs and dates the form, declaring under penalty of perjury under the laws of California that everything on it is true. An unsigned POS-010 has no legal effect.
Serving a Corporation or Other Entity
You cannot serve a corporation by handing papers to anyone at the reception desk. Service on a corporation must go to a designated agent for service of process or to a corporate officer such as the president, CEO, vice president, secretary, treasurer, controller, or general manager.8California Legislative Information. California Code of Civil Procedure CCP 416.10 To find a corporation’s registered agent, search the California Secretary of State’s business database at bizfileOnline.sos.ca.gov.
On the form, the server checks the “on behalf of” box in Item 6 and marks the applicable code section: CCP 416.10 for a corporation, CCP 416.40 for a partnership or association, or CCP 416.50 for a public entity. Service on the wrong person at a company does not count as valid service on the entity.
Substituted Service Requires a Declaration of Diligence
If the server used substituted service, POS-010 alone is not enough. Attach a separate Declaration of Diligence listing every attempt to serve the defendant personally: date, time of day, location, and result. For example: “Tuesday, March 4, 6:15 p.m., defendant’s residence, no answer at the door.”5California Courts. Serve Papers by Substituted Service Without it, the court has no way to confirm that substituted service was justified, and the proof of service is likely to be rejected.
Filing the Completed Form
File the signed original with the clerk of the court where the case is pending. California requires that proof of service be filed once the summons has been served, unless the defendant has already appeared.9California Legislative Information. California Code of Civil Procedure CCP 417.30 File promptly. You cannot request entry of default or move the case forward until POS-010 is on record.
Bring two extra copies to the clerk’s window and ask for them to be stamped as conformed copies. Keep one in your case file. When you later request a default judgment, the judge will look at the filed POS-010 to confirm valid service before granting it.
Some California courts require e-filing in civil cases, and self-represented parties can often e-file voluntarily.10Superior Court of California, County of Orange. eFiling Check your local court’s website before making a trip to the clerk. Electronic filings submitted before midnight on the due date are treated as timely.
Before Requesting Default, Check Military Status
If the defendant does not respond and you plan to ask for a default judgment, federal law adds a step. Under the Servicemembers Civil Relief Act, you must file an affidavit stating whether the defendant is on active military duty, or that you were unable to determine their status.11United States Courts. Servicemembers Civil Relief Act You can obtain a certificate of active-duty status from the Department of Defense Manpower Data Center at scra.dmdc.osd.mil.12SCRA. SCRA
If the defendant is on active duty, the court must appoint an attorney to represent them before entering a default judgment. If status cannot be determined, the court may require the plaintiff to post a bond. Skipping this step can void a default judgment entirely.
Common Mistakes That Get POS-010 Rejected
- Name mismatch. The party name in Item 3 does not match the summons.
- Wrong capacity box in Item 6, or missing code section when serving an entity.
- Blank mailing date for substituted service.
- No Declaration of Diligence attached to a substituted-service filing.
- Incomplete document checklist in Item 2, so a document that was delivered is not shown as served.
- Plaintiff or another party signed as the server, which is prohibited.2California Legislative Information. California Code of Civil Procedure CCP 414.10
- Unsigned or undated form in Item 8.
If you find an error after filing, you generally have to serve the defendant again correctly and file a new POS-010. There is no procedure for amending the original, so getting it right the first time avoids weeks of delay and the cost of another round of service.
Consequences of a False Proof of Service
The server signs under penalty of perjury. A knowingly false statement in a sworn declaration is a felony under California Penal Code section 118.13California Legislative Information. California Penal Code PEN 118 A default judgment based on fraudulent service can be set aside on motion. Professional process servers who file false proofs also face registration revocation, civil liability for abuse of process, and potential punitive damages when fraudulent service is shown by clear and convincing evidence. If the server cannot honestly complete every field, the papers should be served again properly before the form is signed.