How to Serve
(for the person suing)
If you are suing, you are the Plaintiff. The person you are suing is the Defendant. Someone
must serve (give) the Defendant copies of your court papers.
Be careful! There are special rules and strict deadlines for service. If you do not follow them
carefully, you may have to pay a court fine or even start your case again.
1 What papers do I serve? How to do Substituted Service:
Make copies of and serve: Tell the server to:
The Summons and the Complaint Give the papers to a responsible adult
Any other papers you filed at court for this where the Defendant lives, or to someone
case in charge where the Defendant works.
Say, “These are court papers.”
2 Can I be the server? Then, mail (first-class) a copy of the papers
No. Ask a friend or relative to serve the papers. to the Defendant at the same address
Or, you can pay the Sheriff’s Department or where s/he left the papers.
hire a “process server.” Look in the Yellow Fill out and sign the Proof of Service form
Pages, under “Process Serving.” and give it back to you.
Remember: The server must: Fill out a Declaration of Due Diligence form
Be 18 or over. to explain in detail everything s/he did to try
Not be involved in your case. to serve the Defendant in person.
3 What does the server do? 6 What do I do with the completed Proof
The server must: of Service?
Personally give the Defendant a copy of File your Proof of Service and other court
your court papers. papers at the Clerk’s Office in Room 103. If
there is a Notice and Acknowledgement of
Fill out and sign the Proof of Service form
Receipt, file that too.
and give it to you.
4 Can the server mail the papers?
7 Can ACCESS help me?
ACCESS can only explain how legal papers
You can only serve by mail if the Defendant is
must be served.
willing to sign and mail back a Notice and
Acknowledgement of Receipt form saying s/he 8 What if I need more help?
received a copy of your court papers. Call the San Francisco Bar Association. Ask for
If the Defendant does mail it back, the server a lawyer who can help you. If you are low
must fill out a Proof of Service and give it to income, ask them if you qualify for free or low-
you along with the signed Notice and cost legal help.
Acknowledgement of Receipt. 415-989-1616
If the Defendant does not mail it back, then you
must do in-person service.
San Francisco Superior Court
5 What if the server can’t find the
400 McAllister Street
Defendant to serve in person?
Room 208
If the server has tried several times, without San Francisco, CA
success, to serve the Defendant at home or 94102-4514
work, (called a ‘good faith’ effort) ask the server
to follow these steps for substituted service.
415.551.5880
www.sfgov.org/courts
