POS-010, Proof of Service of Summons, is the Judicial Council of California form on which a person records how a summons and related papers were delivered to a party in a California court case. It is completed by the person who served the papers, or by a sheriff or marshal, and a separate proof is needed for each party served. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the California courts at courts.ca.gov.
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What is POS-010?
POS-010, Proof of Service of Summons, is the Judicial Council of California form on which the person who delivered a summons and related court papers records what was served, on whom, where, when, how, and who made the service.
The California courts' self-help page describes it as the form that tells the court you had a summons or other legal papers delivered to (served on) the other party in a case. The form is printed with the notice "Form Adopted for Mandatory Use" and cites Code of Civil Procedure, § 417.10.
It has two pages and is organized by numbered items:
- Item 1: the server's statement that he or she was at least 18 and not a party to the action.
- Item 2: the documents served, such as the summons, complaint, Alternative Dispute Resolution (ADR) package, Civil Case Cover Sheet (complex cases only) and cross-complaint.
- Items 3 and 4: the party served and the address of service.
- Item 5: the method of service: personal service, substituted service, mail with acknowledgment of receipt, or other means.
- Item 6: how the "Notice to the Person Served" on the summons was completed.
- Item 7: the server's name, address, telephone number, fee and registration status.
- Items 8 and 9: the declaration under penalty of perjury, or the certification by a California sheriff or marshal.
The form states that a separate proof of service is required for each party served. The sources name no companion or replacement form.
Who needs to file POS-010?
The person who served the papers completes and signs POS-010. That person must have been at least 18 years of age and not a party to the action at the time of service (item 1).
Groups the form recognizes:
- Private servers: a person who is not a registered California process server, one exempt from registration under Business and Professions Code section 22350(b), or a registered California process server, who gives owner, employee or independent contractor status, registration number and county (item 7e).
- Sheriffs and marshals: a California sheriff or marshal certifies the form under item 9 instead of declaring under penalty of perjury under item 8.
- Parties and attorneys: the top of the form carries the attorney or party without attorney, so the side that needs to show the court that service was made uses the completed proof.
A separate proof of service is required for each party served, so a case with several defendants needs one form per defendant. The form does not say whether it is used for papers other than a summons and the documents listed in item 2; for any other situation, check with the court.
When to file POS-010
Complete POS-010 after the papers have been served, because the form records what happened: the date and time of service, the address, the method and the documents delivered. Item 1 refers to the server's age and status "at the time of service."
The form prints no filing deadline of its own. If you serve more than one party, complete a separate form for each, as the form requires. For substituted service under item 5b(4), the form records the date the documents were mailed and the city of mailing, so mailing must also be finished before the proof is signed. Ask the court handling the case, or consult the summons, for any time limit that applies to the case.
Documents you need
- Completed Notice and Acknowledgement of Receipt, attached when you serve by mail and acknowledgment of receipt under item 5c.
- Declaration of mailing, attached when you do not enter the mailing date and city in item 5b(4) for substituted service.
- Declaration of diligence stating the actions taken first to attempt personal service, attached when you check item 5b(5).
- Additional page describing service, attached when you serve by other means under item 5d and check that box.
How to fill out POS-010
Complete the caption and court details
At the top, enter the attorney or party without attorney (name, State Bar number and address), telephone number, optional fax and e-mail, the court's county, street and mailing address, branch name, the plaintiff/petitioner, defendant/respondent, case number and any Ref. No. or File No.
Confirm the server's eligibility in item 1
Item 1 states that at the time of service the server was at least 18 years of age and not a party to the action. Only the person who served the papers should complete the form.
List the documents served in item 2
Check each document served: a. summons, b. complaint, c. Alternative Dispute Resolution (ADR) package, d. Civil Case Cover Sheet (complex cases only), e. cross-complaint. Use f. other to specify any other documents.
Identify the party served in item 3
In item 3a enter the party's name as shown on the documents served. In item 3b, only if you served a person on behalf of an entity or as an authorized agent, give that person's name and relationship to the party.
Enter the address of service in item 4
Write the address where the party was served.
Check the method of service in item 5
Choose a. personal service (date and time), b. substituted service (date, time, who received the papers and whether business, home or physical address unknown, plus mailing or diligence details), c. mail and acknowledgment of receipt (date, city of mailing and the required enclosures), or d. other means with the authorizing code section.
Show how the Notice to the Person Served was completed
In item 6, check a. individual defendant, b. fictitious name (specify), c. occupant or d. on behalf of (specify), and for item 6d mark the Code of Civil Procedure section, such as 416.10, 416.60 or 416.90, or write another section.
Enter the server's information in item 7
Give the server's name, address, telephone number and the fee for service in items 7a to 7d. In item 7e check not a registered California process server, exempt under Business and Professions Code section 22350(b), or registered, adding owner, employee or independent contractor status, Registration No. and County.
Sign and date item 8 or item 9
Enter the date, the printed name and the signature. Use item 8, the declaration under penalty of perjury under California law, or item 9 if the server is a California sheriff or marshal certifying that the form is true and correct.
Review, download and attach supporting papers
Check that every item matches the documents served and that any required attachment is ready. Download or print the completed PDF from FillingPDF, then follow the channels described under How to submit.
How to submit POS-010
The form names no filing channel, address or portal. It is a proof directed to the court shown in the caption at the top, under the case number, and the box marked FOR COURT USE ONLY is left for the court. Ask that court's clerk how it accepts proofs of service.
What the package must contain depends on the method of service you check:
- Substituted service (item 5b): attach a declaration of mailing if you did not fill in the mailing date and city in item 5b(4), and attach a declaration of diligence if you check item 5b(5).
- Mail and acknowledgment of receipt (item 5c): attach the completed Notice and Acknowledgement of Receipt.
- Other means (item 5d): attach an additional page describing the service if you check that box.
The PDF carries a notice asking you to press the Clear This Form button after you print it, for your protection and privacy. FillingPDF lets you fill out and download the PDF; submission follows the court's own channels. The California courts' self-help page for the form is at https://selfhelp.courts.ca.gov/jcc-form/POS-010.
Common mistakes to avoid
- Using one POS-010 for several parties; the form states that a separate proof of service is required for each party served.
- Having a party to the action sign as the server; item 1 requires the server to be at least 18 years of age and not a party.
- Checking item 2d, Civil Case Cover Sheet, for a case that is not a complex case; the form says it is served in complex cases only.
- Checking substituted service under item 5b without completing item 5b(4) or attaching a declaration of mailing, when the papers were left with another person.
- Using the post office box as the usual mailing address under item 5b(3); the form excludes a United States Postal Service post office box.
- Choosing item 5c without attaching the completed Notice and Acknowledgement of Receipt.
- Leaving out the registered process server details in item 7e(3), such as registration number and county, when the server is registered.
- Signing under both item 8 and item 9; the form presents them as alternatives, with item 9 only for a California sheriff or marshal.
- Forgetting to press the Clear This Form button after printing, as the form advises for protection and privacy.
Frequently asked questions
What is POS-010 used for?
POS-010 is the Judicial Council of California form that proves a summons was served. It lists the papers served, who they were served on, where, when and how, and who made the service, so the court can see that the party received the documents.
Who can complete and sign Form POS-010?
The person who served the papers, if he or she was at least 18 and not a party to the action. A private server signs under penalty of perjury in item 8; a California sheriff or marshal certifies the form in item 9 instead.
Do I need a separate POS-010 for each defendant?
Yes. The form states that a separate proof of service is required for each party served. Complete one form per party, each with its own item 3 name, item 4 address and method of service in item 5.
What do I attach if I used substituted service?
Attach a declaration of mailing if you did not enter the mailing date and city in item 5b(4), and a declaration of diligence if you check item 5b(5). Item 5b also requires you to say whom the papers were left with and their relationship.
Can I fill out POS-010 online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with the court; you submit it through the court's own channels.
What is the difference between item 8 and item 9?
Item 8 is a declaration under penalty of perjury under California law, used by the server. Item 9 is for a California sheriff or marshal, who certifies that the foregoing is true and correct. The form presents them as alternatives.
Do I have to be a registered process server to serve a summons?
The form does not require it. In item 7e you check whether you are not a registered California process server, exempt under Business and Professions Code section 22350(b), or a registered process server, and then give registration number and county.
Which revision of POS-010 is this?
The page covers POS-010 [Rev. January 1, 2007], the revision printed on the form, which also shows that it is adopted for mandatory use under Code of Civil Procedure, § 417.10.
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