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Affidavit of Service in California

Federal & State Law Editorial TeamLast reviewed: April 2026

Start with the official California form

The canonical, court-accepted version of this form is published by the File with the court that issued the summons or other process. Search your county or district court's website for the current Affidavit of Service form before relying on any template. Forms are revised periodically — always confirm you have the current revision before filing.

Verify with your local court clerk before filing: local rules sometimes add cover-sheet, formatting, or service requirements beyond what the state-issued form shows.

California Requirements

  • Server must be 18 or older and not a party to the action
  • Use Judicial Council Form POS-010, POS-030, or POS-040 as appropriate
  • Proof of service must state date, time, place, and manner of service
  • Sworn under penalty of perjury (no notary required for resident servers)
  • Substituted service requires reasonable diligence in attempting personal service first
Filing Location

File with the court that issued the summons or other process

Filing Fee

No separate fee; included in case filing

Statute Reference

Cal. Civ. Proc. Code § 417.10 (proof of service); Cal. Rules of Court 3.1300

How to Complete This Form

  1. 1Obtain a blank quitclaim deed form that complies with your state's requirements.
  2. 2Enter the full legal name and address of the grantor (the person transferring the property).
  3. 3Enter the full legal name and address of the grantee (the person receiving the property).
  4. 4Include the complete legal description of the property (obtained from the current deed or county records).
  5. 5Sign the deed in the presence of a notary public and any required witnesses.
  6. 6File the deed with the county recorder's office along with any required transfer tax forms and fees.
  7. 7Keep a copy of the recorded deed for your records.
Educational Example

Editorial Template (Not the Official Court Form)

This is an educational template showing the typical structure of a Affidavit of Service in California. It is not a court-validated form and should not be used in place of the official form issued by the File with the court that issued the summons or other process. Use this template only to understand what information you will need to assemble before completing the official form. Submitting this template instead of the official form may result in rejection by the court clerk.

Affidavit of Service in Other States

TexasFloridaNew YorkIllinoisPennsylvaniaOhioGeorgiaNorth CarolinaMichiganAlabamaAlaskaArizonaArkansasColoradoConnecticutDelawareHawaiiIdahoIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNorth DakotaOklahomaOregonRhode IslandSouth CarolinaSouth DakotaTennesseeUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming

Other Forms in California

Quitclaim DeedPower of AttorneyLast Will and TestamentLiving Will / Advance DirectiveLLC Operating AgreementResidential Lease AgreementEviction NoticeSmall Claims Court ComplaintDivorce PetitionName Change PetitionWarranty DeedBill of SalePrenuptial AgreementRental ApplicationDemand LetterPromissory NoteNon-Disclosure AgreementNon-Compete AgreementChild Support Modification Petition

When to Talk to a Lawyer

  • Your situation involves complex legal issues or significant financial consequences.
  • You are unsure whether the form meets your state's specific requirements.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.