Who Can Accept Served Papers?

Who can take court papers depends on who is being served. California's rules are in the Code of Civil Procedure; other states' rules differ, and the federal courts have their own. This article covers California and notes the federal rule.

The person being sued

The basic method is to hand a copy of the summons and the complaint to the person being served. Under Code of Civil Procedure section 415.10, that service is complete at the moment of delivery. Under section 416.90, an individual can also be served through someone that person has authorized to receive service of process.

Someone at the home or office: substituted service

If the person cannot be handed the papers with reasonable diligence, section 415.20(b) allows the papers to be left at the person's home, usual place of business or usual mailing address (not a U.S. Postal Service post office box) with a competent member of the household, or a person apparently in charge, who is at least 18 and is told what the papers are. A copy is then mailed to the same address, and service is complete on the 10th day after the mailing. Our guide to substituted service in California goes through each step.

Businesses, partnerships and public bodies

A corporation may be served through its designated agent for service of process, or by delivering the papers to its president, chief executive officer or other head, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person it has authorized to receive service (section 416.10). See serving a corporation through its registered agent.
A partnership may be served through the agent for service of process named in a statement filed with the Secretary of State, or through a general partner or the general manager (section 416.40(a)).
A public entity such as the state, a county, a city or a district is served by delivering the papers to the clerk, secretary, president, presiding officer or other head of its governing body (section 416.50).
For a business, the papers may also be left during usual office hours with the person apparently in charge of the office, followed by mailing a copy to the same place; that service is complete on the 10th day after mailing (section 415.20(a)).

Minors

A minor is served by delivering the papers to a parent, guardian, conservator or similar fiduciary, or, if none can be found with reasonable diligence, to a person who has care or control of the minor. A minor who is at least 12 is also served (section 416.60).

In federal court

Federal Rule of Civil Procedure 4(e)(2) allows an individual to be served by personal delivery, by leaving copies at the person's home with someone of suitable age and discretion who lives there, or by delivery to an agent authorized to receive service. Under Rule 4(h)(1), a corporation, partnership or association may be served through an officer, a managing or general agent, or another authorized agent.

Other states

Who may accept papers is set by each state's own rules. See process serving by state for the methods where your case is.

Legal Hub Group arranges process serving for law firms in every state, with each attempt logged from the field and a proof of service built from that record. Representing yourself? Our sister company Famous Legal Services serves papers for individuals.

This is general information, not legal advice.

Questions

Can a family member accept court papers for someone else in California?

Only as substituted service, after reasonable diligence to hand the papers to the person. They can be left with a competent household member at least 18 who is told what they are, a copy is then mailed to the same address, and service is complete 10 days after the mailing (Code of Civil Procedure section 415.20(b)).

Who can accept service for a corporation?

Its designated agent for service of process, or listed officers such as the president, a vice president, the secretary, the treasurer, the chief financial officer or a general manager, or a person the corporation has authorized to receive service (section 416.10).

How is a minor served?

The papers go to a parent, guardian, conservator or similar fiduciary, or if none can be found with reasonable diligence, to a person who has care or control of the minor. A minor who is at least 12 is also served (section 416.60).