# Cal. Code Civ. Proc. §§ 412.10-417.40 — Service of Summons

- Citation: Cal. Code Civ. Proc. §§ 412.10-417.40
- Code: Code of Civil Procedure
- Subject: Service of summons and complaint
- Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP
- Last verified: 2026-05-13

> Authored from canonical California statutory sources; verify
> against leginfo.legislature.ca.gov before relying.

---

## Contents

- [§ 412.10 — Summons defined](#sec-412-10)
- [§ 412.20 — Required contents of summons](#sec-412-20)
- [§ 412.30 — Statement in summons — personal liability claims](#sec-412-30)
- [§ 413.10 — Application of article](#sec-413-10)
- [§ 415.10 — Personal service](#sec-415-10)
- [§ 415.20 — Substituted service](#sec-415-20)
- [§ 415.21 — Gated communities and secured buildings](#sec-415-21)
- [§ 415.30 — Service by mail](#sec-415-30)
- [§ 415.40 — Service on person outside state — mail](#sec-415-40)
- [§ 415.45 — Service on person outside state — publication](#sec-415-45)
- [§ 415.50 — Service by publication](#sec-415-50)
- [§ 416.10 — Service on corporations](#sec-416-10)
- [§ 416.20 — Service on dissolved corporation](#sec-416-20)
- [§ 416.40 — Service on associations and other organizations](#sec-416-40)
- [§ 416.60 — Service on minor](#sec-416-60)
- [§ 416.70 — Service on incompetent person](#sec-416-70)
- [§ 416.90 — Service on person whose capacity is unknown](#sec-416-90)
- [§ 417.10 — Proof of service — requirements](#sec-417-10)
- [§ 417.20 — Proof of personal service](#sec-417-20)
- [§ 417.30 — Proof of service by mail](#sec-417-30)
- [§ 417.40 — Filing proof of service](#sec-417-40)

---

<a id="sec-412-10"></a>
### § 412.10 — Summons defined

**Summary:** A "summons" is a process issued by the court directing the defendant to appear and answer the complaint within a specified time.

**Verbatim text (operative provision):**

> A "summons" is a process directing a defendant to appear in the action.

---

<a id="sec-412-20"></a>
### § 412.20 — Required contents of summons

**Summary:** The summons must contain specific elements including the title of court, names of parties, direction to defendant, and warning of default. California Judicial Council form SUM-100 satisfies these requirements.

**Verbatim text (key subdivisions):**

> (a) A summons shall contain:
>
> (1) The title of the court in which the action is commenced.
>
> (2) The names of the parties to the action.
>
> (3) A direction that the defendant file with the court a written pleading in response to the complaint within 30 days after the summons is served on the defendant.
>
> (4) A notice that, unless the defendant so responds, the defendant's default will be entered upon application by the plaintiff, and the plaintiff may apply to the court for the relief demanded in the complaint.
>
> (5) The following statement in English and Spanish:
>
> "You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court."
>
> (b) A summons shall be issued and signed by the clerk of the court, or if the clerk is not authorized to sign, by the judge.

**Cross-references:** CCP § 585 (default judgment); CRC 3.110 (time to serve summons after filing).

---

<a id="sec-412-30"></a>
### § 412.30 — Statement in summons — personal liability in representative capacity

**Summary:** When a defendant is sued in a representative capacity (e.g., as trustee), the summons must contain a statement specifying whether personal liability is claimed.

---

<a id="sec-413-10"></a>
### § 413.10 — Application of article (methods of service)

**Summary:** This article governs service of a summons within and outside the state. It lists the primary methods: personal service, substituted service, service by mail with acknowledgment, and publication.

**Verbatim text:**

> Except as otherwise provided by statute, a summons shall be served on a person:
>
> (a) Within this state, as provided in this article.
>
> (b) Outside this state but within the United States, as provided in this article or as prescribed by the law of the place where the person is served.
>
> (c) Outside the United States, as provided in this article or as directed by the court in which the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place where the person is served or as directed by the foreign authority in response to a letter rogatory.

**Cross-references:** CCP §§ 415.10–415.50 (methods enumerated).

---

<a id="sec-415-10"></a>
### § 415.10 — Personal service

**Summary:** Personal service is accomplished by delivering a copy of the summons and complaint directly to the defendant. It is complete at the time of delivery and requires no follow-up mailing.

**Verbatim text:**

> 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.

**Practice note:** For consumer debt cases, defendants are sometimes evaded; when personal service fails after diligent effort, substituted service under § 415.20 becomes available.

---

<a id="sec-415-20"></a>
### § 415.20 — Substituted service

**Summary:** Substituted service allows service by leaving documents with a competent person at the defendant's home or usual place of business, followed by first-class mail. Service is complete 10 days after mailing. This is the most common fallback when personal service is not immediately effective.

**Verbatim text:**

> (a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, 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 exists, 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.
>
> (b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be 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 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.

**Practice note:** "Reasonable diligence" typically requires at least two or three attempts at different times before substituted service is proper. See *Ellard v. Conway* (2001) 94 Cal.App.4th 540.

**Cross-references:** CCP § 415.10 (personal service); CCP § 418.10 (motion to quash).

---

<a id="sec-415-21"></a>
### § 415.21 — Service in gated communities and secured buildings

**Summary:** Process servers must be permitted entry into gated residential communities or secured buildings for the purpose of serving process. The homeowners association or building manager must provide access.

**Verbatim text:**

> (a) Notwithstanding Section 415.20, if a summons cannot be served with reasonable diligence on a person through personal delivery pursuant to Section 415.10, or by leaving a copy at the person's dwelling, usual place of abode, or usual place of business, the summons may be served by leaving a copy in any manner described in Section 415.20 without a prior showing that the plaintiff attempted personal delivery.
>
> (b) A person who is authorized to provide access to a secured building or any access point to a private road or gated community shall permit a registered process server to enter the building, private road, or gated community for the purpose of serving process.

---

<a id="sec-415-30"></a>
### § 415.30 — Service by mail (notice and acknowledgment)

**Summary:** A plaintiff may serve by mail if the defendant signs and returns an acknowledgment of receipt. If the defendant refuses to return the acknowledgment, the plaintiff may seek reimbursement of the cost of subsequent personal service from the defendant. Service is complete on the date the acknowledgment is signed by the defendant.

**Verbatim text:**

> (a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender.
>
> (b) The notice specified in subdivision (a) shall be in substantially the following form:
>
> [NOTICE TO THE PERSON SERVED: You are served ...] (Judicial Council form provided)
>
> (c) Service of a summons pursuant to this section is deemed complete on the date a written acknowledgment of receipt of summons is executed, if such acknowledgment thereafter is returned to the sender.
>
> (d) If the person to whom two copies of the notice and acknowledgment are mailed does not complete and return the acknowledgment to the sender within 20 days from the date the notice and acknowledgment are mailed, the party to whom the summons is directed is liable for reasonable expenses thereafter incurred in serving or attempting to serve the summons on that party, including but not limited to attorney's fees incurred in attempting to recover the costs of service.

**Cross-references:** CCP § 415.20 (substituted service); CCP § 417.30 (proof of service by mail).

---

<a id="sec-415-40"></a>
### § 415.40 — Service on person outside state by mail

**Summary:** A person outside California may be served by first-class mail, postage prepaid, requiring a return receipt. Service is complete on the 10th day after mailing.

**Verbatim text:**

> Notwithstanding any other provision of this article, a summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.

---

<a id="sec-415-45"></a>
### § 415.45 — Service on person outside state by publication

**Summary:** Service by publication is permitted on a person outside California when the action involves real or personal property in California or a local obligation or right.

---

<a id="sec-415-50"></a>
### § 415.50 — Service by publication

**Summary:** Service by publication requires a court order and is permitted only when the defendant cannot be served with reasonable diligence by any other method, or when the defendant has avoided service. Publication must occur for four successive weeks in a newspaper of general circulation in the county where the action is pending.

**Verbatim text:**

> (a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either:
>
> (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.
>
> (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding such party from any interest in such property.
>
> (b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state. Publication shall be made once a week for four successive weeks. Service of summons in this manner is deemed complete as provided in Section 417.20.

**Practice note:** Service by publication typically cannot be used as a shortcut; courts rigorously require diligent attempts by other means before ordering publication.

---

<a id="sec-416-10"></a>
### § 416.10 — Service on corporations

**Summary:** A corporation may be served by delivering a copy of the summons and complaint to the president, other officer, general manager, authorized agent, or any agent designated under CCP § 416.10. Service on the registered agent for service of process is the most reliable method and avoids challenges.

**Verbatim text:**

> A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods:
>
> (a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable).
>
> (b) To the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to receive service of process.
>
> (c) If the corporation is a bank, to a cashier or assistant cashier or to a person specified in subdivision (a) or (b).
>
> (d) If authorized by any provision in Section 1701, 1702, 2110, or 2111 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable), as provided by that provision.

**Cross-references:** Corp. Code § 1502 (designated agent for service of process); Secretary of State business entity search for registered agent.

---

<a id="sec-416-20"></a>
### § 416.20 — Service on dissolved corporation

**Summary:** A dissolved corporation may be served through its directors or officers, who are deemed trustees for purposes of service.

---

<a id="sec-416-40"></a>
### § 416.40 — Service on associations and other organizations

**Summary:** An unincorporated association or partnership may be served by delivering a copy to the person apparently in charge of the association's office or principal place of business, or to any officer or agent of the association.

---

<a id="sec-416-60"></a>
### § 416.60 — Service on minor

**Summary:** A minor may be served by delivering a copy to a parent, guardian, or other person having care and control of the minor. If a minor is 12 or older, service must also be made on the minor.

---

<a id="sec-416-70"></a>
### § 416.70 — Service on incompetent person

**Summary:** Service on a person for whom a guardian or conservator has been appointed is accomplished by serving the guardian or conservator.

---

<a id="sec-416-90"></a>
### § 416.90 — Service on person whose capacity is unknown

**Summary:** When the capacity in which a defendant is sued is unknown, service may be made on the person in any manner authorized for service on an individual.

---

<a id="sec-417-10"></a>
### § 417.10 — Proof of service — requirements

**Summary:** Proof of service must be filed with the court. For personal service, proof consists of an affidavit showing the date, place, and manner of service and the name of the person served. Service is deemed complete on the date delivered (personal) or 10 days after mailing (substituted service).

**Verbatim text:**

> (a) A summons that is served within this state shall be served as follows:
>
> (1) Personal service: proof of service shall be made by affidavit of the person making service showing the time, place, and manner of service and showing that the person making service is not a party to the cause of action and is 18 years of age or older.
>
> (2) Substituted service: proof of service shall be made by affidavit. The affidavit shall be signed under penalty of perjury by the person who delivered the process, and shall contain (i) the statement that the affiant made a diligent effort to personally serve the process on the defendant and was unable to do so, (ii) the date and manner of service, (iii) a description of the person to whom the copy of the process was given, (iv) the place where a copy was left, and (v) the affiant's name, address, and telephone number.

---

<a id="sec-417-20"></a>
### § 417.20 — Proof of personal service

**Summary:** A proof of service of summons (Judicial Council form POS-010) is the standard form filed to document personal or substituted service.

---

<a id="sec-417-30"></a>
### § 417.30 — Proof of service by mail

**Summary:** For service by mail under § 415.30, proof of service consists of the signed acknowledgment of receipt returned by the defendant, plus a declaration by the plaintiff of the mailing.

---

<a id="sec-417-40"></a>
### § 417.40 — Filing proof of service

**Summary:** Proof of service shall be filed with the court, but need not be filed before expiration of the time within which the defendant must respond to the summons.

**Verbatim text:**

> The proof of service of a summons shall be filed with the court within a reasonable time. If proof of service is not filed, the summons is deemed not to have been served unless the defendant makes a general appearance, in which case service is deemed sufficient.

---

## Key service timing table

| Method | Service complete | Notes |
|---|---|---|
| Personal service (§ 415.10) | Date of delivery | Instant; no mailing |
| Substituted service (§ 415.20) | 10 days after mailing | Must attempt personal first |
| Mail with acknowledgment (§ 415.30) | Date ack signed | Defendant must return ack within 20 days |
| Mail on out-of-state party (§ 415.40) | 10 days after mailing | First-class with return receipt |
| Publication (§ 415.50) | As ordered by court | 4 consecutive weeks |

## Cross-references

- CCP § 418.10 — Motion to quash service
- CCP § 583.210 — 3-year mandatory dismissal for failure to serve
- CCP § 583.250 — 2-year dismissal deadline (discretionary)
- CRC 3.110 — 60-day deadline to serve after filing (general civil)