How do I serve a summons?

Serving a summons is the important first step to any court action. In California, the summons must be personally served on the defendant by an adult who is not involved in the case. Generally, this is a process server, a business that specializes in serving legal papers. Process servers are required to abide by local laws and regulations when serving a summons. They must give the recipient a copy of the summons and any other paperwork required to prove that service has been completed, such as the return of service. In some counties, process servers may also need to provide proof that they notified the defendant of the nature of the summons and the date and time of the hearing. In California, a process server must be at least 18 years old and must be a citizen or public resident of the state. The process server may serve the summons in either of two ways: in person or by alternative means. If the summons is to be served in person, the process server must personally hand it to the defendant or leave it in an appropriate place for the defendant to collect. Alternatively, if the summons is to be served by alternative means, such as mail, the process server must send it by certified mail with return receipt requested. Once the summons is delivered to the defendant or alternative means are used, the process server must complete a return of service form. This form includes the date and manner of service, the name of the defendant, and the name of the person who served the summons. The return of service must also be signed by the process server and filed with the court.

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