Most service-of-process problems that reach a judge come down to one question: was substituted service justified, and can you prove it? For attorneys and paralegals, here’s what California requires and what you should expect from the process server you hire.
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Personal service (CCP 415.10)
Personal service is complete when the papers are delivered to the person being served. It’s the cleanest form of service and the one to try first.
Substituted service (CCP 415.20)
- Individuals: after reasonable diligence at personal service, papers can be left at the person’s home, usual place of business, or usual mailing address (other than a P.O. box) with a competent adult household member or a person apparently in charge, who is told what the papers are. A copy is then mailed to the same address.
- Businesses and entities: papers can be left during usual office hours with the person apparently in charge, followed by mailing.
- Service is complete on the 10th day after mailing. Build that into your response-date calculations.
What counts as reasonable diligence
In Espindola v. Nunez (1988), the Court of Appeal cited the guideline that two or three attempts at personal service at a proper place should generally satisfy reasonable diligence. In that case, three attempts at the home before substituted service were found sufficient. In practice, varied attempts (morning, evening, and weekend) with specific notes give you the strongest record.
What your proof should include
- Each attempt’s date, time, address, and result
- The name or a detailed description of the person who accepted substituted service, and that they were told what the documents were
- The mailing date and address
- A declaration of diligence signed under penalty of perjury
A proof of service signed by a California registered process server also carries a legal presumption that the facts stated in it are true, which helps if service is ever challenged.
How we handle service for firms
Every attempt is logged with GPS location and photos. You get status updates, a completed proof of service, and a diligence declaration ready to file. Standard service starts at $85 within 35 miles of Upland, with rush and same-day options. See our law firm services and California service rules guide.
Frequently Asked Questions
How many attempts are needed before substituted service in California?
Courts look for reasonable diligence. Espindola v. Nunez cited two or three attempts at a proper place as generally sufficient. Detailed, varied attempts make the strongest record.
When is substituted service complete in California?
On the 10th day after the papers are mailed under CCP 415.20.
Can substituted service be made at a workplace?
Yes, at the person’s usual place of business, with a person apparently in charge who is told what the papers are, followed by mailing.
Do you provide a declaration of diligence?
Yes. Every substituted service includes a declaration of diligence listing each attempt.
Last updated November 2026. This article is general information, not legal advice. Attorneys should confirm service requirements for their specific case type and court. Wet Ink Notary LLC is not a law firm. Brent Hernandez, California Notary Public #2446864 and Registered Process Server #2006 (San Bernardino County).