California Form Pos 010 PDF Details

In the realm of California's legal procedures, the POS-010 form serves a crucial function in the litigation process, validating that a party involved in a case has been formally notified of legal action against them. This document, officially known as the Proof of Service of Summons, outlines a structured method for reporting the delivery of legal documents to the concerned parties, ensuring that the due process rights are upheld. By providing detailed information such as the server's identity, the manner of service, the documents served, and the recipient's details, it systematically marks the completion of a key step in the legal process. Whether through personal delivery, substituted service, mail with acknowledgment of receipt, or other authorized methods, this form captures the specifics, creating an official record that can be reviewed by the court. This documentation is crucial for the court’s acknowledgment that all parties have been properly informed of pending legal actions, allowing the judicial process to proceed fairly and within the established legal framework.

QuestionAnswer
Form NameCalifornia Form Pos 010
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namespos 010 california, pos 10, pos 010, judicial council form pos 010

How to Fill Out Form POS-010

Form POS-010 at a glance

What it is: POS-010 is the Proof of Service of Summons, a Judicial Council of California form adopted for mandatory use.

Who signs: Date: (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)

Separate proof of service is required for each party served.

A filled-in Form POS-010 example: a friend serves a summons in person

Form POS-010 example filled out, example: a friend serves a summons in person
A friend of plaintiff Jane Sample serves Rex Doe with a summons. The friend hands it to Rex in person at 300 Sample Rd on June 2, 2026, 9:30 AM. The picture shows page 1 only, and none of its entries is real. The form's check boxes have no field names to fill, so every check box stays empty, the write-in line beside item 2 f. other (specify documents) stays empty because the summons is its own check box, and By mail or by other means and Penalty of perjury and signature stay empty.

How to fill out Form POS-010, box by box

ATTORNEY OR PARTY WITHOUT ATTORNEY and the court

Form POS-010 example filled out, aTTORNEY OR PARTY WITHOUT ATTORNEY and the court

Under ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address), enter the name, State Bar number, and address, then TELEPHONE NO., FAX NO. (Optional), E-MAIL ADDRESS (Optional) and ATTORNEY FOR (Name).

Enter the Superior Court of California, county of, then the street address, mailing address, city and zip code and branch name.

Enter PLAINTIFF/PETITIONER, DEFENDANT/RESPONDENT, CASE NUMBER and Ref. No. or File No.

Documents served

Form POS-010 example filled out, documents served

a. summons, b. complaint, c. Alternative Dispute Resolution (ADR) package, d. Civil Case Cover Sheet (served in complex cases only), e. cross-complaint, f. other (specify documents).

Party served and address

Form POS-010 example filled out, party served and address

Party served: specify name of party as shown on documents served.

Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent: specify the name and relationship to the party named in item 3a (and not a person under item 5b on whom substituted service was made).

Address where the party was served.

By personal service or substituted service

Form POS-010 example filled out, by personal service or substituted service

5. I served the party (check proper box): a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date) and (2) at (time).

b. by substituted service. On (date) at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers.

(2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party.

(3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box.

(4) I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on (date) from (city) or a declaration of mailing is attached. (5) I attach a declaration of diligence stating actions taken first to attempt personal service.

By mail or by other means

Form POS-010 example filled out, by mail or by other means

5. c. by mail and acknowledgment of receipt of service: I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date) (2) from (city).

(3) with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)

(4) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)

d. by other means (specify means of service and authorizing code section): Additional page describing service is attached.

Notice to the Person Served

Form POS-010 example filled out, notice to the Person Served

6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. b. as the person sued under the fictitious name of (specify):

c. as occupant. d. On behalf of (specify): under the following Code of Civil Procedure section:

416.10 (corporation), 415.95 (business organization, form unknown), 416.20 (defunct corporation), 416.60 (minor), 416.30 (joint stock company/association), 416.70 (ward or conservatee), 416.40 (association or partnership), 416.90 (authorized person), 416.50 (public entity), 415.46 (occupant), other:

Person who served papers

Form POS-010 example filled out, person who served papers

Person who served papers a. Name: b. Address: c. Telephone number:

d. The fee for service was: $

e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) a registered California process server: (i) owner employee independent contractor. (ii) Registration No.: (iii) County:

Penalty of perjury and signature

Form POS-010 example filled out, penalty of perjury and signature

8. I declare under penalty of perjury under the laws of the State of California that it is true and correct.

or 9. I am a California sheriff or marshal and I certify that it is true and correct.

Common questions about Form POS-010

Where do I file it?

Make one copy of your filled-out Proof of Service form. Give the original and copy to the court clerk. The court will keep the original and return the copy to you.⁠[2]

Sources

[1] Form POS-010 (Rev. January 1, 2007), Proof of Service of Summons, Judicial Council of California (the Official source link on this page).

[2] selfhelp.courts.ca.gov, submission_method (selfhelp.courts.ca.gov). Accessed October 20, 2026.

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