A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.
§ 415.40.Service On Person Outside State
Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 3. Manner of Service of Summons · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 415.40 authorizes serving a summons on a person outside California either by any manner otherwise allowed in this article or by first-class mail requiring a return receipt, with mail service deemed complete on the 10th day after mailing.
Full Text of § 415.40
Plain-English Summary
Section 415.40 gives plaintiffs a mail-based option for serving a defendant located outside California. A summons may be served on such a person in any manner otherwise provided by this article — personal delivery, substituted service, and so on — or by sending a copy of the summons and complaint by first-class mail, postage prepaid, requiring a return receipt.
Service by this mail method is deemed complete on the 10th day after mailing, the same 10-day period used for substituted service under § 415.20. The return receipt requirement gives the plaintiff documentary evidence that the mailing reached the defendant, which supports the proof of service required once service is complete.
Frequently Asked Questions
Can I serve an out-of-state defendant by mail?
Yes. Section 415.40 allows service on a person outside California by first-class mail, postage prepaid, requiring a return receipt, as an alternative to the other manner-of-service methods in this article.
When is mail service on an out-of-state defendant complete?
Section 415.40 deems service complete on the 10th day after the summons and complaint are mailed.
Does this mail method require a return receipt?
Yes. Section 415.40 requires that the mailing require a return receipt, unlike some of the other mail-based service methods in this chapter.
Amendment History
Amended by Stats. 1982, Ch. 249, Sec. 1.
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
Also known as: serving out of state defendant by mail californiaservice by mail return receipt california summons