How to serve a California Summons & Complaint on an Individual Defendant
If you are not familiar with serving a California Summons & Complaint on an Individual Defendant, please review this article for proper direction.
Typically, there are two (2) acceptable manners of service on an Individual Defendant. Personal Service and Substituted Service.
__Note: If the Personal Service is upon an Individual Defendant is not feasible, you may only serve the papers by Substituted Service if you have first made three (3) prior attempts to serve personally. **
Detailed requirements below
Personal Service on an Individual Defendant pursuant to CCP § 415.10
A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a Summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a Summons without such date shall be valid and effective.
Substituted service on an Individual Defendant pursuant to CCP § 415.20
(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served, a Summons may be served by leaving a copy of the Summons and Complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the Summons and Complaint were left. When service is effected by leaving a copy of the Summons and Complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
__Note: If the Personal Service is upon an Individual Defendant is not feasible, you may only serve the papers by Substituted Service if you have first made three (3) prior attempts to serve personally. **
(b) If a copy of the Summons and Complaint cannot with reasonable diligence (Unless otherwise advised, reasonable diligence is defined as having made three (3) prior attempts before Substituted Service) be personally delivered to the person to be served, a Summons maybe served by leaving a copy of the Summons and Complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the Summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the Summons and Complaint were left. Service of a Summons in this manner is deemed complete on the 10th day after the mailing.
(c) Notwithstanding subdivision (b), if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency, service of process may be effected on the first delivery attempt by leaving a copy of the Summons and Complaint with the commercial mail receiving agency in the manner described in subdivision (d) of Section 17538.5 of the Business and Professions Code.
Typically, there are two (2) acceptable manners of service on an Individual Defendant. Personal Service and Substituted Service.
__Note: If the Personal Service is upon an Individual Defendant is not feasible, you may only serve the papers by Substituted Service if you have first made three (3) prior attempts to serve personally. **
Detailed requirements below
Personal Service on an Individual Defendant pursuant to CCP § 415.10
A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a Summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a Summons without such date shall be valid and effective.
Substituted service on an Individual Defendant pursuant to CCP § 415.20
(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served, a Summons may be served by leaving a copy of the Summons and Complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the Summons and Complaint were left. When service is effected by leaving a copy of the Summons and Complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
__Note: If the Personal Service is upon an Individual Defendant is not feasible, you may only serve the papers by Substituted Service if you have first made three (3) prior attempts to serve personally. **
(b) If a copy of the Summons and Complaint cannot with reasonable diligence (Unless otherwise advised, reasonable diligence is defined as having made three (3) prior attempts before Substituted Service) be personally delivered to the person to be served, a Summons maybe served by leaving a copy of the Summons and Complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the Summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the Summons and Complaint were left. Service of a Summons in this manner is deemed complete on the 10th day after the mailing.
(c) Notwithstanding subdivision (b), if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency, service of process may be effected on the first delivery attempt by leaving a copy of the Summons and Complaint with the commercial mail receiving agency in the manner described in subdivision (d) of Section 17538.5 of the Business and Professions Code.
Updated on: 22/03/2023
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