The rule: any adult who isn't a party
California's rule fits in one sentence. "A summons may be served by any person who is at least 18 years of age and not a party to the action" (Code of Civil Procedure § 414.10). The section hasn't changed since 1969, and it sets only two conditions: the server's age and the server's role in the case.
Nothing in the section requires training, a license or a connection to the court. That's why a roommate, a parent, a coworker or a neighbor can serve a summons, as long as they're 18 or older and not named in the case. The two conditions are the whole test for who may serve. How the papers are served is a separate set of rules.
Who can't serve
Two groups are ruled out by § 414.10 itself.
- Anyone under 18. Age is a hard line. A 17-year-old relative can't serve, even with an adult standing next to them.
- A party to the action. The plaintiff and the defendant, the petitioner and the respondent, can't serve their own summons. Being named in the case is what counts, so a party can't get around it by handing the papers over at a friendly moment.
Everyone else is allowed by the statute. Whether a given person is a good choice is a different question. The server signs the proof of service under penalty of perjury, may have to explain it later, and has to follow the rules for the method used.
Who can serve, and who must register
Registration is about the server's business, not your case. Under Business and Professions Code § 22350(a), any person who makes "more than 10 services of process within this state during one calendar year, for specific compensation" must register as a process server. Corporations and partnerships that earn money from service of process must register too.
| Who | Can serve a summons? | Must register? | Notes |
|---|---|---|---|
| Adult friend, relative or coworker who isn't a party | Yes | No, unless they serve more than 10 papers a year for pay | Signs the proof of service under penalty of perjury |
| A party to the case | No | Not applicable | Barred by CCP § 414.10 |
| Anyone under 18 | No | Not applicable | Barred by CCP § 414.10 |
| Sheriff, marshal or government employee on the job | Yes | No | Exempt, B&P § 22350(b)(1) |
| An attorney or the attorney's employees, in the attorney's own cases | Yes | No | Exempt, § 22350(b)(2) |
| A person the court specially appoints to serve its process | Yes | No | Exempt, § 22350(b)(3) |
| A licensed private investigator or their employees | Yes | No | Exempt, § 22350(b)(4) |
| A registered professional photocopier serving only records subpoenas it copies | Yes | No | Exempt, § 22350(b)(5) |
| A person who serves more than 10 papers a year for pay | Yes | Yes | Registers with the county clerk where they live or have their main place of business |
Statutes checked October 2026 against the Legislature's published code text (bulk data download, October 28, 2026).
"Licensed" is the wrong word
California doesn't license process servers. It registers them with a county clerk under B&P § 22350 and following sections. A business that calls its servers "licensed" is using the wrong term, unless it means a separate license such as a private investigator license, which is its own exemption. When you vet a server, ask for the county of registration and the registration number instead.
What registration involves
A registered process server has met a short list of requirements set by statute. They aren't exams or training courses. They're filings, a bond and a background statement.
- A verified certificate. For a person it lists name, age, address, email and phone. It also includes a statement under penalty of perjury about felony convictions (or a certificate of rehabilitation, expungement or pardon), a statement of one year of California residency before filing, and a promise to follow the law on service of process (§ 22351(a)).
- Entity certificates. Partnerships and corporations give the same for their partners or officers, plus one year of existence or a previously registered manager (§ 22351(b)).
- A $2,000 bond. It's issued by an admitted surety insurer, or replaced by a $2,000 cash or money order deposit with the clerk (§ 22353).
- A two-year term. The certificate runs 2 years or until the bond expires, whichever comes first, and can be renewed up to 60 days early (§ 22354).
- A number and an ID card. The county clerk assigns a registration number and issues a card titled "Registered Process Server" (§ 22355).
A registrant is also responsible for the conduct of employees and independent contractors working for them (§ 22356). Checked October 2026.
Papers to serve? Attach up to 5 PDFs to one Service Request.
Why a registered server's proof carries weight
Registration changes how a court treats the server's paperwork. Under Evidence Code § 647, the return of a registered process server "establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return." A return signed by a friend or relative gets no such presumption.
That presumption gets weaker for service attempted or completed on or after January 1, 2027. New CCP § 473.2, added by AB 747 and amended by AB 2042, lets a defendant move to set aside a default by offering evidence that service wasn't lawful. That evidence "rebuts a presumption of the facts stated in the process server's return," and the side that took the default then has to prove service by a preponderance of the evidence. See how AB 747 changes service of process in 2027.
What the proof of service must show
Whoever serves the papers signs the proof. For a summons in a civil case that's Judicial Council form POS-010, signed under penalty of perjury. It shows who was served, when, where and how. Our guide to proof of service forms in California covers which form fits which case.
A registered server's proof must also show registration details. Today, B&P § 22360 requires the county of registration and the number assigned by the county clerk.
From January 1, 2027, new CCP § 417.40 requires the registration number on any proof signed by someone who is required to register, or by their employee or independent contractor. The new text no longer mentions the county. The same law makes each county's register of process servers publicly available (B&P § 22355(a), operative January 1, 2027), so anyone can check a number against the clerk's records.
The sheriff or marshal option
Sheriffs and marshals serve civil papers as part of their job, and they're exempt from registration while acting within it (§ 22350(b)(1)). In every county, a request for the sheriff to serve uses Judicial Council form SER-001, Request for Sheriff to Serve Court Papers.
Each county's civil unit sets its own counter hours, fees and lead time. Some publish hours just for registered process servers, and some ask for the papers days ahead of the last day for service. Check the unit's own page before you count on a date. Our county pages list the civil unit where we've verified it, starting with Sacramento County.
A note on small claims
Small claims has its own service rules, and they open a few more options. CCP § 116.340(a) lets the court clerk mail the claim and order by a form of mail with a return receipt. It also allows personal delivery, or substituted service without first attempting personal service.
Service must be complete at least 15 days before the hearing if the defendant lives in the county, or 20 days if they live outside it. The proof of service must be filed at least 5 days before the hearing. Checked October 2026.
The same age and party limits still apply when a person delivers the papers. The plaintiff can't serve the claim personally.
Businesses are served through people
Serving a corporation, LLC or partnership follows the same rule on who may serve. What changes is who receives the papers: usually the agent for service of process listed with the Secretary of State, or an officer named in CCP § 416.10. Our guide to serving a corporation in California explains the lookup and the fallback methods.
When to use a process server
You don't have to hire anyone. A friend who is at least 18 and not in the case meets the statute. A process server makes sense when the person is hard to find, avoids the door, lives in another county, or when a deadline is close and you need attempts made at different times of day. It also helps to have the proof filled out by someone who serves papers for a living.
We serve the entire State of California. Find more information in our service areas, starting with Sacramento County, Los Angeles County and San Francisco. Send the documents with a Service Request, or read more about our process serving.