Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 3. Actions · Last amended 2006 · Last verified July 28, 2026
In one sentenceSection 116.340 authorizes several methods for serving the claim and hearing order on a small claims defendant — clerk mailing, personal delivery, or substituted service without a prior attempt at personal service — sets minimum lead times of 15 or 20 days depending on the defendant’s county of residence, and adds special rules for nonresident real property owners and out-of-state motor vehicle owners.
(a)Service of the claim and order on the defendant may be made by any one of the following methods:
(1)The clerk may cause a copy of the claim and order to be mailed to the defendant by any form of mail providing for a return receipt.
(2)The plaintiff may cause a copy of the claim and order to be delivered to the defendant in person.
(3)The plaintiff may cause service of a copy of the claim and order to be made by substituted service as provided in subdivision (a) or (b) of Section 415.20 without the need to attempt personal service on the defendant. For these purposes, substituted service as provided in subdivision (b) of Section 415.20 may be made at the office of the sheriff or marshal who shall deliver a copy of the claim and order to any person authorized by the defendant to receive service, as provided in Section 416.90, who is at least 18 years of age, and thereafter mailing a copy of the claim and order to the defendant’s usual mailing address.
(4)The clerk may cause a copy of the claim to be mailed, the order to be issued, and a copy of the order to be mailed as provided in subdivision (b) of Section 116.330.
(b)Service of the claim and order on the defendant shall be completed at least 15 days before the hearing date if the defendant resides within the county in which the action is filed, or at least 20 days before the hearing date if the defendant resides outside the county in which the action is filed.
(c)Proof of service of the claim and order shall be filed with the small claims court at least five days before the hearing.
(d)Service by the methods described in subdivision (a) shall be deemed complete on the date that the defendant signs the mail return receipt, on the date of the personal service, as provided in Section 415.20, or as established by other competent evidence, whichever applies to the method of service used.
(e)Service shall be made within this state, except as provided in subdivisions (f) and (g).
(f)The owner of record of real property in California who resides in another state and who has no lawfully designated agent in California for service of process may be served by any of the methods described in this section if the claim relates to that property.
(g)A nonresident owner or operator of a motor vehicle involved in an accident within this state may be served pursuant to the provisions on constructive service in Sections 17450 to 17461, inclusive, of the Vehicle Code without regard to whether the defendant was a nonresident at the time of the accident or when the claim was filed. Service shall be made by serving both the Director of the California Department of Motor Vehicles and the defendant, and may be made by any of the methods authorized by this chapter or by registered mail as authorized by Section 17454 or 17455 of the Vehicle Code.
(h)If an action is filed against a principal and his or her guaranty or surety pursuant to a guarantor or suretyship agreement, a reasonable attempt shall be made to complete service on the principal. If service is not completed on the principal, the action shall be transferred to the court of appropriate jurisdiction.
Plain-English Summary
Section 116.340(a) lists how a defendant can be served with the claim and order: the clerk may mail a copy by return-receipt mail; the plaintiff may deliver a copy in person; the plaintiff may use substituted service under § 415.20(a) or (b) without first having to attempt personal service, including delivery through the sheriff or marshal’s office followed by a mailed copy to the defendant’s usual address; or the clerk may use the mail-first sequence described in § 116.330(b).
Subdivision (b) sets the minimum lead time before the hearing: at least 15 days if the defendant lives in the county where the action is filed, or at least 20 days if the defendant lives outside that county. Proof of service must be filed with the court at least five days before the hearing under subdivision (c), and subdivision (d) fixes when service is considered complete — the date the defendant signs the mail return receipt, the date of personal service, or another date established by competent evidence, depending on the method used.
Service generally has to happen within California, but subdivisions (f) and (g) carve out two exceptions: a nonresident owner of California real property with no designated in-state agent can be served under this section if the claim relates to that property, and a nonresident owner or operator of a vehicle involved in a California accident can be served through the constructive-service provisions of the Vehicle Code, by serving both the DMV Director and the defendant. Subdivision (h) adds a rule for guarantor cases — service must be reasonably attempted on the principal debtor first, and if that fails, the action is transferred out of small claims court.
Frequently Asked Questions
How is a defendant served in a California small claims case?
Section 116.340(a) allows service by clerk mail with a return receipt, personal delivery by the plaintiff, or substituted service under § 415.20(a) or (b) without first attempting personal service.
How far before the hearing does a small claims defendant have to be served?
Section 116.340(b) requires service at least 15 days before the hearing if the defendant lives in the same county where the case is filed, or at least 20 days before the hearing if the defendant lives in another county.
Can I serve a defendant who lives out of state in small claims court?
Section 116.340(f) allows service on a nonresident owner of California real property when the claim relates to that property, and § 116.340(g) allows constructive service on a nonresident motor vehicle owner or operator through the DMV under the Vehicle Code’s constructive-service provisions.
What happens if I sue a principal and a guarantor together and can’t serve the principal?
Section 116.340(h) requires a reasonable attempt to complete service on the principal; if that service is not completed, the action is transferred to a court of appropriate jurisdiction.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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