Form POS-040, Proof of Service—Civil (Proof of Service), is the Judicial Council of California form on which the person who served legal papers in a civil case states what was served, on whom, where, when and how. The form covers personal service, mail, overnight delivery, messenger service and fax; it is not the form for a summons and complaint or for electronic service. On FillingPDF you can fill out the form online and download or print the completed PDF. The official PDF and its information sheet are published by the California courts at courts.ca.gov.
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What is POS-040?
Proof of Service—Civil (Proof of Service), form POS-040, is the Judicial Council of California form that tells the court that legal papers in a civil case, other than a summons, were delivered to the other party. It lists the papers, the people served, and the place, date and method of service.
The form is a declaration made under penalty of perjury under California law. The person who did the serving completes and signs it. It is approved for optional use and cites Code of Civil Procedure, sections 1011, 1013, 1013a and 2015.5, and California Rules of Court, rule 2.306.
You check one of five methods of service: personal service, mail, overnight delivery, messenger service or fax. Item 6 then asks for the details of that method, such as the city and state where an envelope was mailed, or the fax record that must be attached.
Two companion attachments extend the form. The Attachment to Proof of Service—Civil (Documents Served), form POS-040(D), is used when item 4 needs more space. The Attachment to Proof of Service—Civil (Persons Served), form POS-040(P), is used when more than one person was served.
POS-040 differs from neighboring proofs of service. For a summons and complaint, the form's information sheet points to Proof of Service of Summons (form POS-010). For electronic service, it points to Proof of Electronic Service (form POS-050).
Who needs to file POS-040?
The person who actually served the documents in a California civil case completes POS-040. That person must be over 18 years of age and must not be a party to the action; a party cannot serve the documents. The attorney or party for whom the documents were served is identified in the top-left box, but the declarant who signs is the server.
You use this form to show proof of service by one of these methods:
- personal service;
- mail;
- overnight delivery;
- messenger service;
- fax.
Do not use POS-040 in these situations:
- to show service of a summons and complaint; use Proof of Service of Summons (form POS-010);
- to show electronic service; use Proof of Electronic Service (form POS-050).
Some documents must be personally served. The form gives an order to show cause and a temporary restraining order as examples that generally require personal delivery. You must decide whether your document must be delivered personally or can go by mail or another method. Service by fax generally requires the parties' prior agreement.
If a messenger delivers the documents, the messenger completes the Declaration of Messenger on page 2, or a separate messenger declaration is attached.
When to file POS-040
Complete POS-040 after the documents have been served, because item 4 asks for the date of service and the declarant signs to confirm what was done. The form prints no deadline of its own, and the information sheet sets none.
Timing can depend on the document you served. The information sheet warns that the law may require service in a particular manner, such as personal delivery, for certain documents. It also says service by fax generally requires the prior agreement of the parties. Confirm those points before you serve, because the proof must match the method you actually used.
If you served the same party by several methods, you do not combine them. The instructions say to show proof of only one method on each form and to use a separate form for each method of service.
Documents you need
- Attachment to Proof of Service—Civil (Documents Served), form POS-040(D): attach it if you need more space to list the documents in item 4.
- Attachment to Proof of Service—Civil (Persons Served), form POS-040(P): attach it if more than one person was served, and check the box in item 5.
- Printed record of the fax transmission: attach it if service was by fax (item 6e), showing the transmission you made.
- Declaration of Messenger: complete the section on page 2 of the form, or attach a separate declaration from the messenger, if service was by messenger service (item 6d).
How to fill out POS-040
Enter the attorney or party details
In the first box on the left, print the name, address and telephone number of the person for whom you served the documents. Add the State Bar number, firm name, fax, e-mail and "Attorney for (name)" where they apply.
Enter the court information
In the second box, print the county of the Superior Court of California and the court's street address, mailing address, city, ZIP code and branch name. The address should be the same as on the documents you served.
Enter the case parties
In the third box, print the Plaintiff/Petitioner and Defendant/Respondent names exactly as they appear on the documents you served.
Check one method of service
In the fourth box, check By Personal Service, By Mail, By Overnight Delivery, By Messenger Service or By Fax. Check only one; use a separate form for each additional method.
Add the case number and judge
Leave the "For Court Use Only" box blank. Enter the case number as on the served documents, and the judicial officer and department if known. The case name and number are repeated on page 2.
Complete items 1 and 2
Item 1 states that you were over 18 years of age and not a party to the action at the time of service. In item 2, print your residence or business address.
Add your fax number if needed
In item 3, enter the fax number from which you served the documents. Complete it only if service was by fax.
List the documents and service date
In item 4, enter the date of service and list each document you served. If you need more space, check the box and attach form POS-040(D).
Identify the persons served
In item 5, give the name of the person served. Item 5b asks for the business or residential address (personal service, mail, overnight or messenger), and 5c for the fax number (fax). For more than one person, check the box and attach form POS-040(P).
Complete the item 6 method details
Check the box for the method used in 6a to 6e. For mail, select 6b(1) or 6b(2), confirm you are a resident or employed in the county of mailing, and enter the city and state where it was mailed. For fax in 6e, attach the printed transmission record.
Complete the messenger declaration if used
If you checked 6d, the messenger completes the Declaration of Messenger on page 2 (over 18, not a party, date served), or a separate messenger declaration is attached.
Sign, date and download the PDF
Enter the date, type or print your name, and sign above the declarant line. Review every entry, then download or print the completed PDF from FillingPDF.
How to submit POS-040
POS-040 names no filing channel, mailing address, portal or fee. It is addressed to the court identified in the second box on the left, the Superior Court of California for the county where the case is filed. The court address you enter there should match the address on the documents you served.
What to put together:
- The completed form: typed or printed, signed and dated by the person who served the documents.
- Attachments, when they apply: form POS-040(D) if item 4 needed more space, and form POS-040(P) if more than one person was served.
- Fax record, for fax service: the printed record of the fax transmission, which item 6e says is attached.
- Messenger declaration, for messenger service: the Declaration of Messenger on page 2, or a separate declaration from the messenger.
The information sheet on page 3 is not part of the proof of service and does not need to be copied, served or filed. For how and where proofs of service are filed in your case, follow the procedures of the court where the case is pending. After printing the PDF, the form advises pressing the Clear This Form button to protect your privacy. FillingPDF lets you fill out and download the PDF; submission follows the court's channels.
Common mistakes to avoid
- Checking more than one method of service. The instructions say to check only one and to use a separate form for each method used.
- Using POS-040 to prove service of a summons and complaint. The form says to use Proof of Service of Summons (form POS-010) instead.
- Using POS-040 for electronic service. The form points to Proof of Electronic Service (form POS-050).
- Having a party to the action do the serving or sign as server. The server must be over 18 and not a party.
- Checking fax service without an agreement of the parties to accept fax, or forgetting to attach the printed record of the transmission.
- Checking messenger service without completing the Declaration of Messenger or attaching the messenger's own declaration.
- Entering a court address or case number that differs from the documents you served; both should match those documents.
- Listing several documents or several people in the space on the form instead of using forms POS-040(D) and POS-040(P) when more room is needed.
- Leaving the declaration unsigned or undated. By signing you state under penalty of perjury that the information is true and correct.
Frequently asked questions
What is POS-040 used for?
POS-040 is the California Judicial Council's Proof of Service—Civil. The person who served legal papers in a civil case uses it to tell the court what was served, on whom, where, when and how. It does not cover a summons or electronic service.
Who can serve the documents and sign POS-040?
The person who served the documents completes and signs the form. That person must be over 18 years of age and not a party to the action; a party to the case cannot serve the documents. A messenger who delivers them completes the Declaration of Messenger.
Can I use POS-040 to prove service of a summons and complaint?
No. The form says it should not be used for a summons and complaint; use Proof of Service of Summons (form POS-010). It also should not be used for electronic service, where the form points to Proof of Electronic Service (form POS-050).
What if I served the same papers by more than one method?
Use a separate POS-040 for each method. The instructions say to check only one method of service on a form and to show proof of only one method on it. If you served a party by mail and by fax, you complete two forms.
What if I served more than one person or many documents?
Check the box in item 5 and attach form POS-040(P), Attachment to Proof of Service—Civil (Persons Served), for several people. Check the box in item 4 and attach form POS-040(D), Documents Served, if you need more space to list the papers.
Can I serve by fax and use this form?
Yes, but item 6e requires an agreement of the parties to accept service by fax. You must state that no error was reported by your fax machine, enter your fax number in item 3, and attach the printed record of the transmission.
Can I fill out POS-040 online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the proof of service with the court; you deliver the completed form through the channels of the court handling your case.
Do I sign POS-040 under penalty of perjury?
Yes. The declarant signs and dates the form, stating under penalty of perjury under California law that the information on it is true and correct. The instructions say the proof of service should be typed or printed.
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