SC-104 is the Proof of Service (Small Claims) form published by the Judicial Council of California. It tells the court that the other side was served with the papers filed to start a Small Claims case, and the person who delivered the papers (your server) must sign it. You use it to show service on a person, a business or a public entity. 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 Judicial Council at courts.ca.gov.
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What is SC-104?
Form SC-104, Proof of Service (Small Claims), is the Judicial Council of California form on which a server declares, under penalty of perjury, that court papers in a Small Claims case were delivered to the person, business or public entity being served.
The form is an Optional Form, revised January 1, 2009, and cites Code of Civil Procedure sections 116.340, 415.10 and 415.20. It has two pages and is organized in numbered items: item 1 names who was served, item 3 lists the documents served, item 4 records personal or substituted service, item 5 gives the server's information and item 6 is the declaration signed by the server.
The documents it can list include SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court, and SC-120, Defendant's Claim and ORDER to Go to Small Claims Court. It also covers an order for examination, either SC-134, Application and Order to Produce Statement of Assets and to Appear for Examination, or AT-138/EJ-125, Application and Order for Appearance and Examination, and any other document you specify.
The form points to companion court forms: SC-104B, What Is "Proof of Service"?, SC-104C, How to Serve a Business or Public Entity, and SC-104A, which must be attached when someone else mails the documents for the server. SC-104 does not serve the papers itself; it only proves that service happened.
Who needs to file SC-104?
The person who asked someone to serve court papers in a Small Claims case uses Form SC-104 to prove that service to the court. The server fills in and signs it after delivering the papers.
- The server. The form says the server must be at least 18 years old and not be named in the case. The server signs item 6 after serving.
- Anyone serving a person, a business or a public entity. The form is designed for all three.
- Serving a business. You must serve the owner (sole proprietorship), a partner or general partner (partnership or limited partnership), any officer or general manager (corporation or association), a person authorized for service by the business, or a person authorized for service with the Secretary of State, depending on the business type.
- Serving a public entity. You must first file a claim with that entity, then serve the clerk of a city or county, the chief officer or director of a public agency, or a person authorized for service by the entity.
If you are serving an order for examination, the form says it must be personally served, so the substituted service option in item 4b does not apply to it.
When to file SC-104
Complete SC-104 after the papers have been served, because the server signs it only after serving. The form says the server must give or mail the completed form to the person who asked for the service in time for it to be filed with the court at least 5 days before the hearing.
The hearing date, time and department are entered at the top of the form, so check them against your Small Claims papers before you start. The clerk stamps the date on the form when it is filed. For substituted service, the server also mails a copy of the documents after leaving them with an adult, and records the mailing date on the form.
Documents you need
- Form SC-104A, completed by the person who mailed the documents: attach it only if, in substituted service, you asked someone else to mail the documents to the person served.
How to fill out SC-104
Enter court and case details
At the top of page 1, fill in the court name and street address (Superior Court of California, County of), the Case Number, Case Name, and the hearing date, time and department. The case number and case name repeat at the top of page 2.
Name who is being served
In item 1a, write the person's name if you are serving a person. In item 1b, for a business or entity, write its name, the person authorized for service and that person's job title.
Review the server instructions
Item 2 explains who may serve and how: the server must be at least 18 and not named in the case. It describes handing the papers to the person or to a listed adult, mailing a copy where required, then signing and returning the form.
Check the documents served
In item 3, check each document served: 3a SC-100, 3b SC-120, 3c an order for examination (check SC-134 or AT-138/EJ-125), or 3d Other (specify).
Complete personal service
If you served the person directly, fill out item 4a: the date, the time (a.m. or p.m.), and the address, city, state and ZIP code where you gave them the documents.
Complete substituted service
If you left the papers with someone else, fill out item 4b instead: check which adult received them, the date, time, address and the name or description of that person. Then give the mailing date, the city and state you mailed from, and check how the envelope was mailed.
Attach SC-104A if needed
In item 4b, if you checked the option that someone else mailed the documents for you, attach that person's completed Form SC-104A.
Add the server's information
In item 5, the server enters name, phone, address, city, state and ZIP code, and the fee for service if it applies. A registered process server also gives the county of registration and registration number.
Sign and review the declaration
In item 6, the server prints their name, dates the form and signs it after serving. Check that the dates, addresses and checked documents match what was actually served, then download or print the completed PDF from FillingPDF.
How to submit SC-104
The form names two steps: the server hands or mails the signed form to you, and the form is then filed with the court.
- Server to you. After serving and signing, the server gives or mails the completed form to the person who asked for the papers to be served.
- Filing with the court. The form is filed with the court shown at the top, in time to be filed at least 5 days before the hearing. The clerk stamps the filing date in the box at the top right. The form does not list an address, portal or other filing channel, so contact the court clerk for how that court accepts filings.
- If someone else mails the papers. If the server asked another person to mail the documents in substituted service, attach that person's completed Form SC-104A.
FillingPDF lets you fill out and download the PDF; submission follows the court channels described above.
Common mistakes to avoid
- Having someone serve who is under 18 or who is named in the case; the form requires the server to be at least 18 and not named in the case.
- Signing item 6 before the papers are served; the form says the server signs after serving.
- Using substituted service (item 4b) for an order for examination; the form says that order must be personally served.
- Skipping the mailing step in substituted service: after leaving the papers with an adult, the server must also mail a copy to the person in item 1.
- Using a U.S. Post Office box as the place where the person receives mail; the form accepts a private post office box, not a U.S. Post Office box.
- Serving a public entity without first filing a claim with that entity.
- Serving the wrong person at a business, instead of an owner, partner, officer, general manager or an authorized person listed on the form.
- Getting the completed form to the person who asked for service too late for it to be filed at least 5 days before the hearing.
- Leaving the case number, case name or hearing details blank at the top of either page.
Frequently asked questions
What is the SC-104 form used for?
SC-104 is the California Proof of Service (Small Claims) form. The server uses it to tell the court that the other side was served with the papers filed to start the Small Claims case, and signs it under penalty of perjury.
Who can sign Form SC-104 as the server?
Any adult who is at least 18 years old and is not named in the case. The server, not the person who filed the claim, signs item 6 after serving the papers.
When is Form SC-104 due to the court?
The completed form must reach the court in time to be filed at least 5 days before the hearing. The server first gives or mails it to the person who asked for the service, so allow time for that step.
What is the difference between personal and substituted service on SC-104?
In personal service (item 4a) the server hands the papers to the person named in item 1. In substituted service (item 4b) the server leaves them with a listed adult, such as a competent adult at the person's home or an adult in charge at their workplace, and then mails a copy.
Can I use SC-104 to serve a business or a public entity?
Yes. Use item 1b to name the business or agency, the person authorized for service and their job title. For a public entity you must first file a claim with it, then serve one of the people the form lists.
Can an order for examination be served by substituted service?
No. The form says an order for examination must be personally served. It also notes that the court can issue a civil arrest warrant for a served party who does not come to court only if a registered process server, sheriff, marshal or court-appointed person personally served it.
What is Form SC-104A and when do I attach it?
SC-104A is the form completed by the person who mails the documents for the server. Attach it to SC-104 only when, in substituted service, you asked someone else to mail the documents to the person served.
Can I fill out SC-104 online?
You can fill out the SC-104 PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form or serve papers; the form reaches the court through the channels described under how to submit.
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