What Is a Declaration of Non-Service?

"Declaration of non-service" is industry wording, not an official California title. It means a server's sworn account of attempts that did not result in service: the dates, times, places and what happened. In California that record shows up as a declaration of diligence, a sheriff's not-found return, or the supporting declaration for a court order. Other states have their own forms and terms.

No statewide form by that name

A search of the official Judicial Council forms finder for "diligence" and "non-service" returned no matching forms (checked October 29, 2026). Some county courts publish local versions. The statewide proof of service, POS-010, has a checkbox for substituted service that reads: "I attach a declaration of diligence stating actions taken first to attempt personal service." A written statement signed under penalty of perjury can stand in for a sworn affidavit (Code of Civil Procedure section 2015.5).

The sheriff's not-found return

California law sets a $50 sheriff's or marshal's fee for a "not-found return," which certifies that the person or property cannot be found at the address given (Government Code section 26738).

Where the record of attempts is used

Substituted service needs reasonable diligence at personal service first (section 415.20). Starting January 1, 2027, that means good-faith attempts on at least three occasions, on three different days, at three different times, each documented with a date-, time- and location-stamped photograph or an explanation of why none was possible.
Service by publication requires a sworn statement showing the person cannot be served another way with reasonable diligence (section 415.50(a)).
Court-ordered service, such as email, requires facts on every attempt by each method and why each failed, at every address where the defendant is likely to be found (section 413.30(a)(2)).
More time to serve. A request to extend the time to serve must be filed before the deadline and include a declaration explaining why service is not complete, the efforts made, and the date service is expected (rule 3.110(e)).

The courts' self-help guide, Look for someone you need to serve, advises writing down each search step, the date and the result, so it can be shown to the judge. See also how to serve someone without an address.

Legal Hub Group arranges process serving for law firms in every state, and every attempt is logged from the field as it happens. Representing yourself? Our sister company Famous Legal Services serves papers for individuals.

This is general information, not legal advice.

Questions

Is there an official California form for a declaration of non-service?

No statewide Judicial Council form by that name appears in the official forms finder (checked October 29, 2026). POS-010 refers to attaching a “declaration of diligence,” and some county courts publish their own local forms.

What is a not-found return?

A sheriff’s or marshal’s certification that the person or property cannot be found at the address given. California sets the fee for it at $50 (Government Code section 26738).

Why does a record of failed attempts matter?

California requires a showing of reasonable diligence before alternatives such as substituted service, publication or court-ordered email service. A plaintiff asking for court-ordered service must detail every attempt by each method at every likely address (Code of Civil Procedure section 413.30).