Serve your Claim
Serve your Claim
"Service" is the legal way to give notice to someone in a court action. It is when someone-NOT you or anyone else listed in this case-gives a copy of your court papers to the person, business, or public entity, you are suing. Service lets the other side know:
- What you are asking for;
- When and where the trial will be; and
- What they can do.
There are several steps to serving papers right:
A copy of the claim must be delivered to each person or business being sued. This is called serving the defendant or defendants.
| Who are you suing | Who to serve |
| If you are suing an individual |
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| If you are suing a business owned by a sole proprietor |
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| If you are suing a corporation |
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| If you are suing a partnership |
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| If you are suing the county of San Mateo | Serve the Clerk of the Board. The San Mateo County Clerk is located at:
Hall of Justice and Records |
| If you are suing the state |
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| If you are suing your landlord |
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| If you are suing someone who is NOT in California | You must serve the defendant in California unless:
If neither of these exceptions apply to your case, you cannot sue this defendant in small claims court. You would have to sue him or her in the Civil Division. Ask the small claims advisor for help on how to serve someone outside California. |
Tips for Finding a Person or Business
Finding a Person
If you can't find the person you want to sue or who owes you money, you may find the following information helpful in locating them:
- If the person has moved, send a letter to them at their last known address. Several spaces below your return address, write, "Address Correction Requested. Do not forward." The letter will be returned to you with the new address, if there is one on file.
- If the person you are suing owns property, search the tax rolls to see if you can find the home or business address. The tax rolls in the Assessor's office list the names and addresses of property owners in the county by both the owner's name and by the address of the property. Locations of Assessor's offices are listed in the telephone directory under "County Government Offices" or search online for the local tax assessor's.
- In San Mateo County the Assessor's Office phone number is (650) 363-4500. They are located at:
555 County Center
Redwood City, CA
- In San Mateo County the Assessor's Office phone number is (650) 363-4500. They are located at:
- The County Register-Recorder's Office maintains a listing of property owners by name and lists the location of the property owned. Register-Recorder's locations are listed in the telephone directory under "County Government Offices."
- In San Mateo County the Recorder's Office phone number is (650) 363-4713. They are located at:
555 County Center
Redwood City, CA
- In San Mateo County the Recorder's Office phone number is (650) 363-4713. They are located at:
- If the only information you have about the other party is a telephone number, and the number is listed, the reverse directory will give you the address. You can find reverse directories online and at the main library.
Finding a Business
- If the only address you have is a post office box, you can request the name, address and phone number of the holder of a post office box that is used for business purposes from the post office. Bring proof that the box is used for business purposes.
- If the only information you have about the business is a telephone number, and the number is listed, the reverse directory will give you the address. You can find reverse directories online and at the main library.
- For corporations and limited liability companies (LLCs): You can do an online search on the California Secretary of State webpage. There you will find the names and addresses of the officers of corporations, managing members of LLC's, and their agents for service. The agent for service or a corporate officer can be served with the claim in a small claims action.
- For sole proprietorships and partnerships: The County Clerk maintains a listing of fictitious business statements. The statement lists the names and addresses of the owners of businesses operating under a name different from the owners. Check the printout (or online) for a listing of the business. Copy the certificate number to the left of the listing and ask the clerk to assist you in finding the certificate in the files. The certificate contains the owner's name and address. For information by mail, send a stamped self addressed envelope and a check or money order, payable to the County of San Mateo. The research fee is $5.00 for each business per year. The County Clerk's office phone number is (650) 363-4712. They are located at:
555 County Center
Redwood City, CAThe City Clerk's office, tax and permit division, maintains a list of the names and addresses of most persons licensed to do business in a city.
- For limited partnership information contact the Secretary of State Limited Partnership Status Unit at (916) 653-3365. Give the name of the company. Ask for the following information:
- Full name address of the limited partnership
- Name and address of the General or Managing Partner
- Name and address of the Agent for Service.
You can search online or send a written request to:
Secretary of State Limited Partnership Status Unit
1500 11th St. Room 345
Sacramento, CA 95814
You cannot serve the claim yourself. The server must be at least 18 and not listed as a party in the case. They can be:
- A friend, relative, or co-worker.
- A "process server," who is someone you pay to deliver court forms. Licensed process servers in your area can be found on the website of the National Association of Professional Process Servers.
- The sheriff may also deliver court forms, but NOT in San Mateo County (unless you have been granted a fee waiver). If you are serving someone in another county, try contacting their Sheriff's Office to see if they will serve papers. Or look in the county section of that county's phone book under "Sheriff." You must pay the sheriff, unless you qualify for a fee waiver.
The other party can be served in one of the following ways:
- By Personal Service:
Ask your server to personally "serve" (give) a copy of your court papers to the person you are suing or to the agent legally authorized to accept court papers for the person, business, or public entity you are suing. The defendant does not need to accept or touch the claim in order to be served. Once the defendant has been correctly identified, the claim can be dropped at his feet.
- By Substituted Service:
A copy of your claim must be left at:
- The defendant's business with the person in charge; OR
- The defendant's home with a competent person who is at least 18 years old. The person who receives the claim must be told about its contents.
- Another copy must be mailed, first class, postage prepaid, to the defendant at the address where the paper was left. The service is not complete until 10 days after the copy is mailed.
- By Certified Mail by the Court Clerk:
You can pay the court clerk to mail your claim to the person you are suing by certified mail. This can be very convenient and the fee is low ($15 unless you qualify for a fee waiver). Note that the court may not accept this form of service and will make you serve again (with personal or substituted service) if:/p>
- The person you are suing or the person's agent for service does not sign the certified mail receipt with his or her complete name;
- The judge cannot read the signature on the certified mail receipt and cannot tell who signed it; or
- Someone else signs the receipt or no one signs it.
There is a deadline for serving the Plaintiff's Claim. The deadline depends on HOW you serve the claim:
- For personal service: Serve your claim at least 15 days before the court date if the defendant is in San Mateo County (or 20 days if the person, business, or public entity you are serving is outside the county).
- For substituted service: Serve your claim at least 25 days before your court date if the defendant is inSan Mateo County (or 30 days if the person, business, or public entity you are serving is outside the county). If the person, business, or public entity you have to serve is outside California or if you are serving a different form, you can ask the small claims advisor for more information.
There are different deadlines for serving the Defendant's Claim:
- If you received a copy of the Plaintiff's Claim more than 10 days before the trial date, you have to serve the plaintiff at least 5 days before the trial.
- If you received a copy of the Plaintiff's Claim 10 days or less before the trial date, you have to serve the plaintiff at least 1 day before the trial.
If you miss your deadline
If you were not able to serve the claim before the deadline for service, talk to the court clerk or the small claims advisor about how to reschedule your court date to have more time to serve the claim.
If you already served your claim on some parties but not everyone you are suing, you may need to fill out and file a Request to Postpone Trial (SC-150) at least 10 days before the trial date (or explain why you could not meet the 10-day deadline). Then have a copy of this form served in person or by mail on all other plaintiffs and defendants listed on your court papers. Click for more information on changing your court date.
The person who serves the other party must sign a court paper showing when they were served. This paper is called a Proof of Service (SC-104). It must be filed with the court clerk at least 5 days before the court hearing.
If you do not have a Proof of Service for each person served, or if the Proof of Service is not filled out correctly, the judge may not be able to hear your case.
After you serve the other party and file your Proof of Service with the court, you should get prepared to Go to Court.