How to Fill Out the SC-104 Small Claims Proof of Service

In a California small claims case, the hearing cannot go forward until the court is satisfied that the defendant was properly served. The way you show that is a one-page, two-sided form: the SC-104, Proof of Service.

It looks simple, and mostly it is. But small claims judges see a steady stream of SC-104s with the wrong boxes checked, missing mailing information, or a signature from someone who was not allowed to serve in the first place. Any of those can mean a postponed hearing, a second round of service, and another month of waiting.

This guide walks through the SC-104 section by section, in the order the form asks for it, and covers the mistakes that most often get proofs rejected.

What the SC-104 Is For

The SC-104 is the Judicial Council's proof of service form for small claims. It is used to prove service of the main small claims papers — most often the SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court — and also the SC-120 Defendant's Claim, orders for examination used to collect a judgment, and other small claims documents.

The form is a sworn statement. The person who did the serving signs it under penalty of perjury, stating what was served, on whom, when, where, and how. That is why it matters who fills it out: the server signs the SC-104, not the plaintiff. If you want a broader overview of how proofs of service work across all case types, see What Is a Proof of Service? A Complete Guide.

Who Can Serve Small Claims Papers

The form's own instructions to the server are direct: the server must be at least 18 years old and not named in the case. That rules out the plaintiff, and it rules out anyone else listed as a party. It does not rule out a friend, relative, or coworker of the plaintiff — but think carefully before using one. An untrained server is the most common source of defective proofs, and a defendant who later claims they were never served will be looking hard at what that person wrote.

Your options in practice:

• A registered process server. Professionals who serve papers daily, know the substituted service and mailing rules, and complete the SC-104 correctly. See what a process server actually does.
• The sheriff or marshal, for a fee, in counties where they still serve civil papers.
• The court clerk, who can mail the claim by certified mail with a return receipt. Service by that route is complete only when the defendant signs the receipt — and many do not.
• Any adult not named in the case, who serves the papers and signs the SC-104 themselves.

For more on why a party cannot serve their own papers, see Can You Serve Court Papers Yourself?

The Top of the Form: Court and Case Information

Before anything is served, the plaintiff normally fills in the header:

• Court name and street address — the courthouse where the case is filed, exactly as shown on the SC-100.
• Case number and case name — copied from the filed claim. A wrong digit in the case number can send the proof to the wrong file.
• Hearing date, time, and department — also from the filed claim.

Filling this in before handing the papers to the server avoids a common problem: a server guessing at information they never had.

Item 1: Who Is Being Served

Item 1 has two parts. Use only the one that fits.

1a. Serving a Person

Write the defendant's name exactly as it appears on the SC-100. If the claim names "Robert J. Smith," the proof should not say "Bob Smith."

1b. Serving a Business or Public Entity

Write three things: the name of the business or agency, the name of the person authorized to accept service, and that person's job title. The form lists who qualifies — for example, the owner of a sole proprietorship, a partner of a partnership, an officer or general manager of a corporation, or the agent for service of process registered with the Secretary of State for a corporation, LLC, LLP, or limited partnership.

Handing the papers to a cashier or receptionist who is not one of those people is not valid service on the business. For how to find the right person, see How to Serve a Business with Legal Papers. If the defendant is a public entity, the form notes that you must first file a claim with that entity before suing.

Item 2: Instructions to the Server

Item 2 is not filled in — it is the instructions the server must follow. It is worth reading carefully, because it lays out the only two ways service can be done with this form:

1. Personal service: give a copy of all the documents to the person named in item 1; or
2. Substituted service: give a copy to a qualifying adult — a competent adult (at least 18) living at the defendant's home, an adult who seems to be in charge at the defendant's usual workplace, or an adult in charge where the defendant usually receives mail (not a U.S. Post Office box) when there is no known physical address — and then mail a copy to the defendant.

Then the server completes and signs the form and gets it back to the plaintiff in time to file it at least 5 days before the hearing.

Item 3: What Was Served

Check every document that was actually handed over:

• 3a — SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court
• 3b — SC-120, Defendant's Claim and ORDER to Go to Small Claims Court
• 3c — an order for examination (SC-134, or AT-138/EJ-125), which must be personally served
• 3d — Other: list anything else served, by name

Item 3d matters more than people think. Some courts require local notices to be served along with the SC-100, and they expect those notices listed here. Los Angeles County is the clearest example — see LA Small Claims: The Notices You Must Serve With Your SC-100.

The order-for-examination box carries a warning worth knowing: the court can issue a civil arrest warrant for a debtor who does not show up only if the order was personally served by a registered process server, sheriff, marshal, or someone appointed by the court.

Item 4: How the Papers Were Served

Fill out either 4a or 4b — never both.

4a. Personal Service

The server personally gave the papers to the defendant. Enter the date, the time (with a.m. or p.m. checked), and the full street address, city, state, and zip where it happened. Be specific: "around noon" is not a time.

4b. Substituted Service

The server gave the papers to another adult. This section asks for more detail:

• Which kind of adult — check one box: a competent adult living at the defendant's home, an adult in charge at the defendant's usual workplace, or an adult in charge where the defendant receives mail when there is no known physical address.
• What was said — the form states that the server told the adult, "Please give these court papers to" the defendant, and the server fills in the defendant's name.
• Date, time, and address where the papers were left.
• Name or description of the adult who received them. If the person would not give a name, a description works: approximate age, sex, height, build, and hair color.

Note that substituted service on this form covers the SC-100, SC-120, and "other" documents. It does not cover an order for examination, which must be personally served.

The Mailing Section (Required After Substituted Service)

This is the part of the SC-104 most often left blank, and leaving it blank makes the substituted service incomplete. After leaving the papers with the adult, the server must:

• Put copies of the same documents in an envelope, seal it, and put first-class prepaid postage on it;
• Address it to the defendant at the same address where the papers were left;
• Mail it, and record the mailing date and the city and state it was mailed from;
• Check how it was mailed: at a U.S. Postal Service mail drop, at an office or business mail drop that is picked up daily, or by someone else the server asked to mail it — in which case that person completes a separate form, SC-104A, which is attached.

Timing also changes with substituted service. Under Code of Civil Procedure section 116.340, substituted service is complete as provided in section 415.20 — that is, on the tenth day after the mailing. That ten days counts against the deadline to serve the defendant before the hearing, which is covered below. For the full rules, see What Is Substitute Service of Process?

Item 5: Server's Information

The server enters their name, phone number, and mailing address, plus the fee charged for service (the plaintiff may be able to ask the court to add reasonable service costs to a judgment). There is a separate line for registered process servers:

• County of registration
• Registration number

If the server is not registered, these lines stay blank. If the server is registered, filling them in matters: under California Evidence Code section 647, a proof of service signed by a registered process server is presumed to establish the facts it states. That presumption can make a real difference if the defendant later claims they were never served. More on the registration requirements in Process Server Rules in California.

Item 6: The Declaration and Signature

The server dates the form, prints their name, and signs it. By signing, they declare under penalty of perjury under California law that they are at least 18, not named in the case, and that everything on the form is true and correct.

Two practical rules: the server signs after serving, never before; and nobody else signs on the server's behalf. A form signed by the plaintiff instead of the server is not a valid proof.

Filing the SC-104: The 5-Day Rule

The SC-104 must be filed with the court at least 5 days before the hearing. The form itself says this, and so does Code of Civil Procedure section 116.340. The server's job is to get the signed form back to the plaintiff in time; the plaintiff's job is to file it.

Filing the proof is a separate deadline from serving the defendant. Under section 116.340, service itself must be completed:

• At least 15 days before the hearing if the defendant lives in the county where the case was filed; or
• At least 20 days before the hearing if the defendant lives outside that county.

Remember that substituted service is not complete until the tenth day after mailing, so in practice the papers need to be left and mailed well before those cutoffs. If service runs late, the usual result is a postponement, not a dismissal — but it costs time. For a broader walk-through of the small claims process, see Process Serving for Small Claims Court.

Keep a copy of the filed SC-104 with the court's stamp. Bring it to the hearing.

Common Mistakes That Get SC-104s Rejected

• The plaintiff served the papers. A party to the case cannot serve. Start over with a qualified server.
• Both 4a and 4b are filled in, or neither is. Only one method actually happened; the form should say which.
• The mailing section is blank after substituted service. Substituted service without the follow-up mailing is not complete.
• The papers were mailed to a different address than where they were left.
• The defendant's name does not match the claim. Nicknames, missing suffixes, and misspellings invite challenges.
• A business was served through the wrong person, such as an employee with no authority to accept service.
• Item 3 is incomplete. Documents that were served but not checked or listed — including required local notices — are not proven served.
• Vague dates, times, or addresses. "Afternoon" or a missing unit number weakens the proof.
• The form was filed late — less than 5 days before the hearing.
• Service happened too close to the hearing, inside the 15- or 20-day window, once the substituted service mailing period is counted.
• The form is unsigned, or signed by someone other than the server.

Why Using a Professional Process Server Helps

Small claims is designed to work without lawyers, and many plaintiffs serve through a friend without trouble. But the SC-104 is where most small claims service problems surface, and a defective proof usually means a postponed hearing and paying for service a second time.

A registered process server handles the parts that trip people up: confirming who qualifies to accept for a business, documenting substituted service and completing the mailing correctly, recording precise dates, times, and descriptions, and returning a signed SC-104 with registration information in time to file. At Famous Legal Services, every attempt is GPS-verified and the completed proof is returned ready to file.

Final Thoughts

The SC-104 rewards precision. Fill in the case information before service, use a qualified server, choose personal or substituted service and document only that one, complete the mailing section whenever papers are left with someone else, and file the signed form at least 5 days before the hearing. Do that, and the judge can get straight to the merits of your claim.

If you need small claims papers served anywhere in Los Angeles County or across California, Famous Legal Services can handle it. Place an order online or call (888) 335-3318.

Experiencing phone issues? Call us directly at (818) 371-2544