The California POS 010 form, known as the Proof of Service of Summons, is a crucial document used to confirm that legal documents have been properly served to the involved parties in a court case. This form ensures that all parties are notified and have received the necessary legal papers, such as summons and complaints, in accordance with California law. Understanding how to accurately complete this form is essential for maintaining the integrity of the legal process.
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The California POS 010 form, known as the Proof of Service of Summons, plays a crucial role in the legal process. It is designed to document the delivery of legal documents to the parties involved in a case, ensuring that everyone is properly notified. This form is required for each party served, making it essential for maintaining the integrity of the judicial system. It includes important information such as the names and addresses of the parties, the documents served, and the method of service—whether it was through personal delivery, substituted service, or mail. Additionally, the form requires details about the person who performed the service, including their relationship to the parties involved and any applicable fees. By completing the POS 010 accurately, individuals can affirm that they have fulfilled their obligation to notify others about legal proceedings, thereby helping to uphold the principles of fairness and transparency in the legal process.
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
CASE NUMBER:
DEFENDANT/RESPONDENT:
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS
(Separate proof of service is required for each party served.)
1.At the time of service I was at least 18 years of age and not a party to this action.
2.I served copies of:
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):
3.a. Party served (specify name of party as shown on documents served):
b.
Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):
4.Address where the party was served:
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):
(2) at (time):
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)
(2)
(3)
(4)
(5)
(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.
(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. I informed him or her of the general nature of the papers.
(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. I informed him or her of the general nature of the papers.
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. I attach a declaration of diligence stating actions taken first to attempt personal service.
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Form Adopted for Mandatory Use
Judicial Council of California POS-010 [Rev. January 1, 2007]
American LegalNet, Inc. www.FormsWorkflow.com
Code of Civil Procedure, § 417.10
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):
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.)
to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
by other means (specify means of service and authorizing code section):
Additional page describing service is attached.
6. The "Notice to the Person Served" (on the summons) was completed as follows:
as an individual defendant.
as the person sued under the fictitious name of (specify):
as occupant.
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:
7.Person who served papers
a.Name:
b.Address:
c.Telephone number:
d.The fee for service was: $
e.I am:
not a registered California process server.
exempt from registration under Business and Professions Code section 22350(b).
a registered California process server:
(i)
owner
employee
independent contractor.
(ii)Registration No.:
(iii)County:
8.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9.
Date:
I am a California sheriff or marshal and I certify that the foregoing is true and correct.
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)
(SIGNATURE)
POS-010 [Rev. January 1, 2007]
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