SC-104 Proof of Service California: How to Fill It Out and File It on Time

What Form SC-104 Is

Form SC-104 ("Proof of Service") is the document that proves the defendant was properly notified about the lawsuit. After someone serves your small claims papers on the defendant, that person — not you — completes SC-104 to record how, when, and where service happened.

Without a properly filed SC-104, the court has no evidence the defendant was served. The judge may postpone your hearing or dismiss the case entirely.

Who Fills It Out

The person who actually performed the service completes the form. Under CCP section 116.340, you (the plaintiff) cannot serve your own papers, so this will be whoever delivered them — a friend over 18, the county sheriff, or a private process server.

The server must be at least 18 years old and not a party to the lawsuit. They sign SC-104 under penalty of perjury.

What Each Section Covers

SC-104 asks the server to state:

• The defendant's name as it appears on Form SC-100
• The method of service — personal delivery, substituted service (left with another adult at the defendant's home or business plus a mailed copy), or certified mail through the court clerk
• The date and time of service
• The address where service was made
• A description of the person served (if substituted service was used, describe the person who accepted the papers and their relationship to the defendant)

If substituted service involved a separate person handling the mailing, the server completes Form SC-104A to document that mailing step.

The Filing Deadline

SC-104 must be filed with the court clerk at least five court days before the hearing. Court days exclude weekends and court holidays, so count carefully. If your hearing is on a Monday, five court days back lands on the Monday of the previous week at the latest.

Filing late does not automatically doom your case, but the judge has discretion to postpone the hearing or, in extreme cases, dismiss the claim. Treat the five-day deadline as a hard cutoff.

Common Mistakes

The plaintiff signs SC-104 themselves. The form must be signed by the person who performed the service, not the plaintiff. If you served the papers yourself, the service is invalid regardless of what SC-104 says.

Service happened too late. Even a perfectly completed SC-104 will not save you if service happened after the statutory deadline — 15 calendar days before the hearing for in-county defendants, or 20 calendar days for out-of-county defendants. For substituted service, add 10 days to those minimums.

The server describes the wrong address. If the address on SC-104 does not match a legally valid service location (the defendant's residence, usual place of business, or registered agent address), the court may find service defective.

Tips for Getting It Right

Have your server fill out SC-104 immediately after completing service, while the details are fresh. Keep a copy for yourself and file the original with the clerk well before the five-day deadline — do not wait until the last day.

If service was by sheriff or process server, they typically complete SC-104 as part of their fee. Confirm they will file it with the court or return it to you for filing.

The Full Service Process

SC-104 is the final step in a multi-part service process that includes choosing a service method, meeting the timing requirements, and handling complications like a defendant who avoids service. The California Small Claims Filing Guide includes a service-of-process planner that maps out the timing for each method and counts the deadlines backward from your hearing date.

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