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Service of a Summons & Complaint Outside of California

November 1, 2010

By Barbara Haubrich-Hass, ACP/CAS

As legal professionals it is easy to get into a routine in litigation case management.  The Summons and Complaint comes back from court, the next step is to immediately send the documents to a process server to be served on the defendant.  Before you send the Summons and Complaint to a process server to serve on a person outside of California, here is an option that you may want your attorney to consider. 

California Code of Civil Procedure § 415.40 allows a Summons to be served on a person outside of California by sending a copy of the Summons and Complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt.  The service of the Summons in this manner is deemed complete on the 10th day after the mailing.  This manner of service will save case costs and most likely time in completing service.

Here are the steps to take to accomplish this task:

Step One:  Prepare a letter for your supervising attorney’s approval and signature.  Click here for a sample letter that you can revise to fit your case scenario.

Step Two:  Attach a copy of the Summons, Complaint, Statement of Damages, and all other documents provided by the court to the letter signed by the attorney.

Step Three:  Fill out the green card U.S. Postal certified mail form (PS Form 3811), along with the green and white U.S. Postal Service Certified Mail Receipt (PS Form 3800).  Attach these forms to the envelope to be mailed.  Staple the Certified Mail Receipt to the copy of the letter that you retain for your file. 

Step Four:  Mail the letter, and copies of the Summons, Complaint, Statement of Damages, and all other documents provided by the court to the person to be served outside of California by first-class mail, postage prepaid, Certified Mail, Return Receipt Requested. 

Step Five:  When the green card Certified Mail return receipt (PS Form 3811) is returned with the signature of the person who accepted receipt of the documents, prepare a Declaration for the attorney regarding the proof of service of the Summons, Complaint and other documents.  Click here for a sample Declaration that you can revise to fit your case scenario.  Have the Declaration approved and signed by your attorney.

Step Six:  Attach to the Declaration as Exhibit “A” a copy of the signed letter that was sent certified mail to the defendant.  Attach as Exhibit “B” a copy of the Certified Mail Receipt (PS Form 3800) and the signed returned green card (PS Form 3811) showing that the party received the documents.  Attach a proof of service for the Declaration and exhibits and serve this document on the defendant that was served, along with any attorney that has made an appearance in the matter.

Step Seven:  File the Declaration with the Court.

Step Eight:  Calendar 30 + 10 calendar days from the date the letter was mailed for the defendant’s last day to file a responsive pleading to the Complaint.