What is service?

In civil court, "service" means formally delivering legal documents to the other party. When someone served you with a complaint, they completed "service of process."

When you file your Answer, you also have to "serve" a copy on the plaintiff (or their attorney). This ensures the other side knows you filed a response.

Proof of Service by Mail

For an Answer, service is usually done by first-class mail. After someone mails the documents, they fill out a Proof of Service form that documents:

  • Their name and address (the person doing the mailing)
  • The date the documents were mailed
  • The address the documents were mailed to
  • A description of what was mailed
  • Their signature under penalty of perjury

The Proof of Service form is then filed with the court along with (or after) the Answer.

Who can mail the documents

The person mailing must be:

  • At least 18 years old
  • Not a party to the lawsuit (that means not you)

You can ask a friend, family member, coworker, or neighbor. They do not need any legal training or certification.

What form to use in California

California uses form POS-030 for Proof of Service by Mail. This is a standard Judicial Council form. It must be completed and signed by the person who actually mailed the documents — not by you.

What AnswerFirst includes

AnswerFirst's Answer packet includes POS-030 guidance and instructions for completing proof of service. During the interview, you provide the name and address of the person who will mail your response, and AnswerFirst incorporates that into the packet.

Important: what to mail and where

Mail a copy of your complete Answer (not the original) to the plaintiff's attorney of record. The attorney's address is usually found in the complaint, typically in the upper left corner or in the caption.

Keep the original for your records and file a separate original with the court.