FL-115 is the Judicial Council of California form that proves to the court that the respondent was served with the summons and petition in a family law, uniform parentage, or custody and support case. The person who handed over or mailed the papers completes it, says how, when and where service happened, and signs it. On FillingPDF you can fill out the form online 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 FL-115?
Proof of Service of Summons (Family Law-Uniform Parentage-Custody and Support), form FL-115, is the Judicial Council of California form that tells the court the respondent was served with the papers that start a case, and records when and where the papers were served and who served them.
The form is approved for optional use and cites Code of Civil Procedure § 417.10. In item 1 the person who served the papers checks the set of documents delivered:
- Family Law: Petition—Marriage/Domestic Partnership (form FL-100), Summons (form FL-110) and a blank Response—Marriage/Domestic Partnership (form FL-120).
- Uniform Parentage: Petition to Determine Parental Relationship (form FL-200), Summons (form FL-210) and a blank Response to Petition to Determine Parental Relationship (form FL-220).
- Custody and Support: Petition for Custody and Support of Minor Children (form FL-260), Summons (form FL-210) and a blank Response to Petition for Custody and Support of Minor Children (form FL-270).
Item 1d lists other papers that may have been served with them, such as the UCCJEA declaration (form FL-105), financial forms (FL-142, FL-150, FL-155, FL-160), the Declaration of Disclosure (FL-140) and a Request for Order (form FL-300) with a blank Responsive Declaration (form FL-320).
Items 2 to 3 give the address and the means of service: personal, substituted, mail and acknowledgment, or other. Item 4 identifies the person who served, and items 5 or 6 hold the signature.
Who needs to file FL-115?
The person who served the respondent completes and signs FL-115. The form requires that person to have been at least 18 years of age and not a party to the action at the time of service (item 1).
Typical users, as the form is built:
- A friend, relative or other adult who is not a party and delivered or mailed the papers.
- A registered California process server, either an employee or an independent contractor, who enters a registration number and county in item 4c.
- A person exempt from registration under Business and Professions Code section 22350(b), or a person who is not a registered California process server (item 4a and 4b).
- A California sheriff, marshal or constable, who certifies the form under item 6 instead of declaring under penalty of perjury.
The petitioner starting the case needs the completed form because it proves service to the court, but a party to the action cannot be the person who serves. The form is for serving the respondent in the three case types listed in item 1; it is not itself the summons or the petition.
When to file FL-115
Complete FL-115 after the respondent has actually been served, because the form records the date and time of service and is signed by the person who served. The form prints no deadline of its own for returning it to the court.
How timing enters the form depends on the means of service. For personal service, enter the date and time of delivery (item 3a). For substituted service, enter the date and time the copies were left and the date the additional copies were mailed by first class mail, postage prepaid (item 3b). For mail and acknowledgment service, enter the mailing date and the city from which the copies were mailed (item 3c). Item 5 or 6 carries the date the form is signed.
Documents you need
- Completed Notice and Acknowledgment of Receipt (form FL-117): attach it when service was by mail and acknowledgment with two copies of the notice and a postage-paid return envelope (item 3c(1)).
- Signed return receipt or other evidence of actual delivery to the respondent: attach it when the copies were mailed to an address outside California by registered or certified mail with return receipt requested (item 3c(2)).
- Declaration of diligence: attach it when you check the box in item 3b saying it is attached, stating the actions taken to first attempt personal service.
- Attachment 3d: attach it when item 3d, Other (specify code section), is continued on an attachment.
How to fill out FL-115
Enter the attorney and court caption
At the top, enter the name, State Bar number, address, telephone, fax and e-mail of the party or attorney, then the Superior Court of California county and branch, the petitioner, the respondent and the case number. Repeat the petitioner, respondent and case number at the top of page 2.
Check the documents served
In item 1, check a, b or c for the case type: Family Law, Uniform Parentage, or Custody and Support. The summons and petition listed under that choice are the ones you served.
List other papers served
In item 1d, check each other document you served with them, such as FL-105, FL-140, FL-142, FL-150, FL-155, FL-160, FL-300 with FL-320. Use (8) Other (specify) for anything not listed.
Give the service address
In item 2, enter the address where the respondent was served.
Complete personal service
In item 3a, check the box if you personally delivered the copies (Code Civ. Proc., § 415.10) and enter the date and time of delivery.
Complete substituted service
In item 3b, enter the name and title or relationship of the person who received the copies and check (1) Business or (2) Home. Enter the date and time, the date you later mailed additional copies, and check the declaration of diligence box if one is attached.
Complete mail and acknowledgment service
In item 3c, enter the mailing date and the city. Check (1) for mail with two copies of form FL-117 and a return envelope, or (2) for an address outside California by registered or certified mail with return receipt requested.
Use item 3d if needed
If service was made another way, enter the code section in item 3d. Check Continued on Attachment 3d if you need more space.
Identify the person who served
In item 4, enter the name, address and telephone number. Check a, b or c, and if c, check employee or independent contractor and enter the registration number, county and fee for service.
Sign and date the declaration
Enter the date and the name of the person who served. Use item 5 (penalty of perjury under California law) or item 6 (California sheriff, marshal or constable), and have that person sign.
Review and download the PDF
Check that the case type, means of service, dates, times and attachments match what happened. Download or print the completed PDF from FillingPDF and attach any required documents.
How to submit FL-115
The form names no filing channel or address of its own. The top of the form carries the caption of the Superior Court of California, county and branch, and the case number, so it belongs in the court case where the respondent was served. The box marked "For Court Use Only" is left for the court.
Before it goes to the court, the person who served the papers signs the form (item 5 or item 6) and attaches whatever the chosen means of service requires: the completed Notice and Acknowledgment of Receipt (form FL-117) for mail and acknowledgment service, the signed return receipt or other evidence of actual delivery for mail to an address outside California, a declaration of diligence when substituted service was used, or Attachment 3d. For where and how the court accepts filings in your county, check with the clerk of the Superior Court that handles your case. FillingPDF lets you fill out and download the PDF; submission follows the channels of your court.
Common mistakes to avoid
- Having a party to the action, or anyone under 18, serve the papers; item 1 says the server was at least 18 and not a party.
- Checking substituted service but leaving out the date the additional copies were mailed, or not attaching the declaration of diligence when that box is checked.
- Using mail and acknowledgment service without attaching the completed Notice and Acknowledgment of Receipt (form FL-117).
- Mailing to an address outside California by ordinary first-class mail instead of registered or certified mail with return receipt requested, or omitting the signed return receipt.
- Leaving the date and time of personal service blank in item 3a.
- Forgetting to check what was served in item 1, including the item 1d documents that were delivered with the petition and summons.
- Skipping item 4 or not choosing whether the server is exempt, not registered, or a registered process server with a registration number and county.
- Signing without choosing between item 5 (declaration under penalty of perjury) and item 6 (sheriff, marshal or constable certification).
Frequently asked questions
What is form FL-115 used for?
FL-115 is the Proof of Service of Summons for California family law, uniform parentage, and custody and support cases. The person who served the respondent completes it to tell the court when, where and how the papers were served and who served them.
Who can serve the papers and sign FL-115?
The person who serves must be at least 18 years old and not a party to the action. That person completes item 4 and signs under item 5, or under item 6 if a California sheriff, marshal or constable. A party to the case cannot serve.
Can I fill out FL-115 online?
Yes. You can fill out the FL-115 PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with the court, so the person who served still signs it and it goes to the court through the court's channels.
Which box do I check in item 1 of FL-115?
Check a for Family Law (FL-100, FL-110, FL-120), b for Uniform Parentage (FL-200, FL-210, FL-220) or c for Custody and Support (FL-260, FL-210, FL-270), then add any item 1d documents served. Choose the set that matches the petition you served.
What do I attach to FL-115?
It depends on the means of service. Mail and acknowledgment needs the completed form FL-117; mail outside California needs the signed return receipt or other evidence of delivery; substituted service with a declaration of diligence needs that declaration; item 3d may need Attachment 3d.
What is the difference between personal and substituted service on FL-115?
Personal service (item 3a) means the server handed the copies to the respondent. Substituted service (item 3b) means the copies were left with a person at the respondent's business or home, who must be at least 18, and additional copies were later mailed.
Where do I file FL-115?
The form prints no filing address. Its caption names the Superior Court of California, county and case number, so it goes to the court handling the case. Ask that court's clerk how it accepts filings. FillingPDF does not submit it.
Who signs under item 5 and who signs under item 6?
Item 5 is the declaration under penalty of perjury under California law, used by the person who served. Item 6 is for a California sheriff, marshal or constable who certifies that the form is true and correct. The form separates them with “–or–”.
Is FL-115 the same as the summons?
No. The summons is form FL-110 or FL-210, which is served on the respondent. FL-115 is the proof of service completed afterward to show the court that the summons and other papers were served.
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