Form Sc 104 PDF Details

The SC-104 form, known as Proof of Service, serves a pivotal role in the legal process by ensuring that all parties involved in a small claims case are properly notified. This document is utilized to confirm that a person, business, or public entity has received the necessary court papers related to the case, thereby upholding the principles of fairness and due process. The form provides detailed instructions on how to serve documents to different types of recipients, including owners of sole proprietorships, partners in partnerships, officers or general managers of corporations, or authorized individuals within businesses and public entities. Additionally, the form outlines specific steps for serving documents in special scenarios, such as when dealing with public entities, requiring prior claim filing. The SC-104 form not only specifies who can act as a server but also underlines the importance of accurate, timely, and legally compliant delivery, including personal and substituted service, to ensure the efficacy of the legal process. By meticulously documenting the act of service, this form helps to facilitate smooth proceedings in small claims court, contributing to an organized and equitable legal system.

QuestionAnswer
Form NameForm Sc 104
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namescalifornia small claims court, how to sc 104, california court small claims, form sc 104b

Form Preview Example

SC-104 Proof of Service

Use this form to serve a person, a business, or a public entity. To learn more about proof of service, read What Is "Proof of Service"?, Form SC-104B. To learn more about how to serve a business or entity, read How to Serve a Business or Public Entity, Form SC-104C.

To serve a business, you must serve one of the following people:

•Owner (for a sole proprietorship)

•Partner (for a partnership) or general partner (for a limited partnership)

•Any officer or general manager (corporation or association)

•Any person authorized for service by the business (corporation, association, general partnership, limited partnership)

•Any person authorized for service with the Secretary of State (corporation, association, limited liability company [LLC], limited liability partnership [LLP], limited partnership)

To serve a public entity, you must first file a claim with that entity, then serve one of the following people:

• Clerk (of a city or county)

• Chief officer or director (of a public agency)

• Any person authorized for service by the entity

1

a. If you are serving a person, write the person’s name below:

 

b.If you are serving a business or entity, write the name of the business or entity, the person authorized for service, and that person’s job title:

Business or Agency Name

Person Authorized for Service

Job Title

2Instructions to Server:

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

Fill in case number, case name, hearing date, day, time, and department below:

Case Number:

Case Name:

Hearing Date:

 

Time:

Dept.:

You must be at least 18 years old and not be named in this case. Follow these steps:

• Give a copy of all the documents checked in 3 to the person in 1 , or

• Give a copy of all the documents checked in 3 to one of the following people:

a.A competent adult (at least 18) living with, and at the home of the person in 1 , or

b.An adult (at least 18) who seems to be in charge at the usual workplace of the person in 1 , or

c.An adult (at least 18) who seems to be in charge where the person in 1 usually receives mail (but not a U.S. Post Office box), if there is no known physical address for the person in 1 .

and mail a copy of the documents left with one of the adults in a, b, or c above to the person in 1 .

THEN

•Complete and sign this form, and

•Give or mail your completed form to the person who asked you to serve these court papers, in time for the form to be filed with the court at least 5 days before the hearing.

3I served the person in 1 a copy of the documents checked below:

a. SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court

b. SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court

c.

Order for examination (This form must be personally served. Check the form that was served):

 

Note: The court can issue a civil arrest warrant if the served party does not come to court only if the order for

 

examination was personally served by a registered process server, sheriff, marshal, or someone appointed by the court.

(1) SC-134, Application and Order to Produce Statement of Assets and to Appear for Examination

(2) AT-138/EJ-125, Application and Order for Appearance and Examination d. Other (specify):

Judicial Council of California, www.courtinfo.ca.gov

Proof of Service

SC-104, Page 1 of 2

 

 

Revised January 1, 2009, Optional Form

(Small Claims)

 

Code of Civil Procedure, §§ 116.340, 415.10, 415.20

 

Case Number:

Case name:

4Fill out “a” or “b” below:

a.

b.

Personal Service: I personally gave copies of the documents checked in 3

to the person in 1 :

On (date):

 

 

At (time):

a.m.

p.m.

 

 

 

 

 

At this address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

State:

 

 

 

 

Zip:

 

 

 

 

 

 

 

 

 

 

 

 

 

Substituted Service: I personally gave copies of the documents checked in

3 (a, b, or d) to (check one):

 

 

A competent adult (at least 18) at the home of, and living with the person in 1 , or

 

 

 

 

An adult who seems to be in charge where the person in 1

usually works, or

 

 

An adult who seems to be in charge where the person in 1 usually receives mail, or has a private post office box (not a U.S. Post Office box), if there is no known physical address for the person in 1 .

I told that adult, "Please give these court papers to (name of person in 1 )."

 

 

 

 

 

 

I did this on (date):

 

 

 

At (time):

 

 

 

a.m.

p.m.

 

At this address:

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

State:

 

 

Zip:

 

 

 

Name or description of the person I gave the papers to:

 

 

 

 

 

 

 

 

 

 

After serving the court papers, I put copies of the documents listed in 3 in an envelope, sealed the envelope, and put first-class prepaid postage on it. I addressed the envelope to the person in 1 at the address where I

left the copies.

 

 

 

 

I mailed the envelope on (date):

from (city, state):

by leaving it (check one):

 

 

 

 

 

a.

 

At a U.S. Postal Service mail drop, or

 

 

 

 

b.

 

At an office or business mail drop where I know the mail is picked up every day and deposited with the

 

 

U.S. Postal Service, or

 

 

 

 

c.

 

With someone else I asked to mail the documents to the person in 1 , and I have attached that person’s

 

 

 

completed Form SC-104A.

 

 

 

 

5 Server’s Information

Name:

 

 

 

Phone:

 

 

 

 

Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

State:

 

Zip:

Fee for service: $

 

 

 

 

 

 

 

 

 

 

If you are a registered process server:

 

 

 

 

 

 

 

 

County of registration:

 

 

Registration number:

 

 

 

 

 

 

 

 

 

 

 

6I declare under penalty of perjury under California state law that I am at least 18 years old and not named in this case and that the information above is true and correct.

Date:

Type or print server’s name

Server signs here after serving

Revised January 1, 2009

Proof of Service

SC-104, Page 2 of 2

(Small Claims)

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1. For starters, once filling out the small claims california court, start in the page that includes the subsequent blank fields:

Stage # 1 in completing small court claims california

2. After the last section is completed, go on to enter the suitable information in these: I served the person in a copy of, SC Plaintiffs Claim and ORDER to, SC Defendants Claim and ORDER to, Order for examination This form, Note The court can issue a civil, SC Application and Order to, ATEJ Application and Order for, Other specify, Judicial Council of California, Proof of Service, Small Claims, and SC Page of.

Writing part 2 of small court claims california

3. Within this stage, examine Case name, Fill out a or b below, Case Number, Personal Service I personally gave, On date, At this address, City, At time, State, Zip, Substituted Service I personally, A competent adult at least at the, An adult who seems to be in charge, I told that adult Please give, and I did this on date. Each one of these will have to be filled in with utmost precision.

The best ways to fill in small court claims california portion 3

Regarding City and On date, be certain that you get them right in this current part. Those two could be the key fields in the page.

4. This specific section comes next with the next few blanks to fill out: After serving the court papers I, by leaving it check one, a At a US Postal Service mail drop, b At an office or business mail, Servers Information, Name, Address, City, Fee for service, If you are a registered process, Phone, State, Zip, and Registration number.

How one can fill in small court claims california step 4

5. Last of all, this last part is what you will have to wrap up before closing the document. The blanks at this point include the following: I declare under penalty of perjury, Date, Type or print servers name, Server signs here after serving, Revised January, Proof of Service, Small Claims, and SC Page of.

Writing section 5 in small court claims california

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