This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.
San Jose California Proof of Service of Summons
State:
California
City:
San Jose
Control #:
CA-FL-115
Format:
PDF
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Description
How to fill out California Proof Of Service Of Summons?
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FAQ
Once your server fills out and signs the Proof of Service, you must file it with the court at least 5 days before your court date. If you do not have a Proof of Service for each person served, or if the Proof of Service is filled out wrong, the judge may not be able to hear your case.
A person is served by mail five days after the papers are mailed and both the person sending the papers and to person to receive the papers are in California. A person is served by mail ten days after the papers are mailed if either the person mailing or the person receiving the papers is outside California.
Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers will have to fill out a Proof of Service form showing what they gave (served) to the other parties. Choose someone to serve the papers who is able to fill out the form.
Proof of service is a document that functions like a legal ?receipt? confirming the delivery of documents from one party to another in a legal matter. It is a written version of a sworn statement attesting to the completion of service of process.
If you have Internet access, a fillable version of this proof of service form is available at . Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box.
A person is served when they officially receive the papers. Papers which start an action (Summons, Petition, Request for Order, etc.) must be filed first and then served on the other person(s). After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers.
Proof that a summons was served on a person within this state shall be made: (a) If served under Section 415.10, 415.20, or 415.30, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this chapter.
Have the person who mailed the papers fill out and sign (in front of a notary) the Proof of Service form on the back of one copy of the Summons and give it to you. Attach the signed return receipt to the Proof of Service.