Mendocino — SC-104B

Source: http://www.courts.ca.gov/documents/sc104b.pdf

SC-104B What Is “Proof of Service”? What is “service”? How is personal service done? “Service” or “serving” is when someone—not you or Ask someone who is at least 18 and not listed in this anyone else listed in this case—gives a copy of your case to personally “serve” (give) a copy of your court court papers to the person, business, or public entity you papers to the person or the agent authorized to accept are suing. Service lets the other party know: court papers for the person, business, or public entity listed on form SC-104. What you are asking for; When and where the trial will be; and Give the server a separate Proof of Service form for each What the party can choose to do. person, business, or public entity you are suing. And tell the server to: There are strict rules for serving court papers. This form Walk up to the person to be served.explains how to serve these forms: Say, “These are court papers.” Form SC-100, Plaintiff’s Claim Give the person copies of all papers checked on form Form SC-120, Defendant’s Claim SC-104, Proof of Service. If the person won’t take the How is service done? papers, just leave them near the person. It doesn’t matter if the person tears them up.This form tells you how to serve by personal service or substituted service. Fill out and sign page 2 of form SC-104, Proof of Service. Personal service means someone gives the papers directly to the person being sued or to the agent How is substituted service done? authorized to accept service (business or public entity). If you don’t want to use personal service or can’t find the person to be served, ask someone who is at least 18Substituted service means someone gives the papers to and not listed in this case to serve the court papers.an adult where the person lives, works, or receives mail (including a private post office box, but not a U.S. Postal Give the server a separate Proof of Service form for each Service P.O. Box). person, business, or public entity you are suing. Tell the server to give the papers to: What if the court papers do not get served? A competent adult (at least 18) at the home of and living The judge cannot hear your case unless the court papers with the person to be served or were served correctly. An adult who seems to be in charge where the person to be served usually works orCan the court serve the papers for me? An adult who seems to be in charge where the person Yes. You can pay the court to mail your claim to the receives mail (including a private mailbox, but not a person you are suing. But if the person you are suing or U.S. Postal Service P.O. Box). Note: This is only for the person’s agent for service doesn’t sign the U.S. cases where the physical address of the person to be Postal Service mail receipt with his or her complete served is not known. name, or if someone else signs the receipt, you will have Then do the following:to serve again using personal or substituted service. Write down that person’s name and say, “Please give Who can serve? these court papers to [name of person to be served].” You can ask a friend, a process server, or the sheriff. If the person does not want to give his or her name, The server must be at least 18 and not listed in the case. describe the person you served. A “process server” is someone you pay to deliver court Give that person copies of all papers checked on form forms. Look in the Yellow Pages under “Process SC-104, Proof of Service. If the person won’t take the Serving.” The sheriff (or marshal if your county has papers, just leave them near the person. one) can also deliver court forms. Ask the court clerk Mail another copy of the papers (by first-class mail) how to contact the sheriff. Or look in the county section to the person being sued at the same address where you of your phone book under “Sheriff.” You must pay the left the papers. server, unless you qualify for a fee waiver. Fill out and sign page 2 of form SC-104, Proof of Service. Judicial Council of California, courts.ca.gov SC-104B, Page 1 of 2Rev. January 1, 2026 What Is “Proof of Service”? (Small Claims)

SC-104B What Is “Proof of Service”? What does the server do with the original For personal or substituted service, subtract 5 days from Proof of Service form? the trial date. That’s the deadline for serving your small claims forms if you were served at least 11 days before theIf a process server or sheriff served the papers, he or she trial. If you were served 10 days or less before the trialcan file form SC-104, Proof of Service, with the clerk. date, you must serve at least 1 day before the trial. But youIf the server used a different Proof of Service form, ask can serve the forms before the deadline.him or her to list each paper served on the form. Also make sure that the registered server will file the original What if I can’t get the court papers served directly with the court and will mail you a copy of the before the trial? filed form. Take it with you when you go to court. If you were not able to serve your claim (form SC-100 or If a friend served the papers, tell him or her to give the SC-120) before the deadline for service, talk to your Small completed form back to you. Keep a copy for your records Claims Clerk. Each county has its own rules. and take the copy with you when you go to court. If you already served your claim on some parties but not everyone you are suing, you may need to fill out and fileYou need to file the original completed Proof of Service form SC-150, Request to Postpone Trial, at least 10 daysform 5 days before your trial. before the trial date (or explain why you couldn’t meet the When do the court forms have to be served? 10-day deadline). Then give or mail a copy of this form to If you are serving form SC-100, Plaintiff’s Claim, all other plaintiffs and defendants listed on your court look at the trial date on page 1. Then, look at a papers. calendar. The court may postpone your trial for 15 days or more. For personal service, subtract 15 days from the trial date (or 20 days if the person, business, or public entity is Who do I have to serve? located outside the county). That’s the deadline for If you are suing a person (or people)—not a business or serving your small claims forms. But you can serve the public entity—serve each person you are suing. For forms before the deadline. 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 The people in 1 and 2 must go to court serve both people. Examples: Date Time Trial If the owner and driver are the same person: Date 1. Lee Smith, owner and driver If the owner and driver are not the same person: Lee Smith, driver Bob Smith, owner For substituted service, subtract 25 days from the date If you are suing a business, an association, or a public the server mailed a copy of the court papers served (or entity, read form SC-104C, How to Serve a Business. 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 Need help? forms before the deadline. ? Your county’s Small Claims Advisor can help If the person, business, or public entity to be served is for free. outside California or if you 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 1. Then look at a calendar. Or go to selfhelp.courts.ca.gov/small-claims-advisor.

Rev. January 1, 2026 What Is “Proof of Service”? SC-104B, Page 2 of 2 (Small Claims) For your protection and privacy, please press the Clear button after you have printed the form. Print Save Clear