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The POS-040 form is an essential document within the California legal system, particularly used for proving that court documents have been properly served to the parties involved in a civil case. It serves a vital role in ensuring that all parties receive notifications regarding actions taken within the lawsuit. The form is designed to capture key details, including the names and addresses of the parties involved, the specific documents served, the method of service chosen, and the declarations made by the person executing the service. Methods of service can include personal delivery, mailing, overnight delivery, messenger service, or fax—each requiring different sets of information. Importantly, the individual serving the documents must be over the age of 18 and cannot be a party to the case. Completing this form accurately is crucial; any errors might complicate legal proceedings. The POS-040 form also emphasizes the need for clarity in communication, thus helping to facilitate a fair legal process for everyone involved.

Pos 040 Example

POS-040

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO:

 

FOR COURT USE ONLY

 

 

 

 

 

 

 

NAME:

 

 

 

 

 

FIRM NAME:

 

 

 

 

 

STREET ADDRESS:

 

 

 

 

 

CITY:

 

STATE:

ZIP CODE:

 

TELEPHONE NO.:

 

FAX NO. :

 

 

E-MAIL ADDRESS:

 

 

 

 

 

ATTORNEY FOR (name):

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

STREET ADDRESS:

 

 

 

 

 

MAILING ADDRESS:

 

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

CASE NUMBER:

 

 

 

 

 

 

 

 

Plaintiff/Petitioner:

 

 

 

 

 

Defendant/Respondent:

 

 

 

 

 

 

 

 

 

JUDICIAL OFFICER:

 

 

 

 

 

 

 

 

 

PROOF OF SERVICE—CIVIL

 

 

 

Check method of service (only one):

 

 

 

 

By Personal Service

 

By Mail

 

By Overnight Delivery

DEPARTMENT:

 

 

 

 

 

 

By Messenger Service

 

By Fax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do not use this form to show service of a summons and complaint or for electronic service.

See USE OF THIS FORM on page 3.

1. At the time of service I was over 18 years of age and not a party to this action.

2.

3.

My residence or business address is:

The fax number from which I served the documents is (complete if service was by fax):

4. On (date):

I served the following documents (specify):

The documents are listed in the Attachment to Proof of Service–Civil (Documents Served) (form POS-040(D)).

5.I served the documents on the person or persons below, as follows: a. Name of person served:

b.

c.

(Complete if service was by personal service, mail, overnight delivery, or messenger service.)

Business or residential address where person was served:

(Complete if service was by fax.)

Fax number where person was served:

The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service— Civil (Persons Served) (form POS-040(P)).

6. The documents were served by the following means (specify):

a.

By personal service. I personally delivered the documents to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening.

 

 

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Judicial Council of California

PROOF OF SERVICE—CIVIL

2015.5; Cal. Rules of Court, rule 2.306

Form Approved for Optional Use

 

Code of Civil Procedure, §§ 1011, 1013, 1013a,

POS-040 [Rev. January 1, 2020]

(Proof of Service)

www.courts.ca.gov

POS-040

CASE NAME:

CASE NUMBER:

6. b.

(1)

(2)

c.

d.

e.

By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one):

deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.

placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.

I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state):

By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier.

By messenger service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)

By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF DECLARANT)

 

(SIGNATURE OF DECLARANT)

(If item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.)

DECLARATION OF MESSENGER

By personal service. I personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and eight in the evening.

At the time of service, I was over 18 years of age. I am not a party to the above-referenced legal proceeding.

I served the envelope or package, as stated above, on (date):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(NAME OF DECLARANT)

(SIGNATURE OF DECLARANT)

POS-040 [Rev. January 1, 2020]

PROOF OF SERVICE—CIVIL

(Proof of Service)

Page 2 of 3

POS-040

INFORMATION SHEET FOR PROOF OF SERVICE—CIVIL

(This information sheet is not part of the official proof of service form and does not need to be copied, served, or filed.)

USE OF THIS FORM

This form is designed to be used to show proof of service of documents by (1) personal service, (2) mail, (3) overnight delivery, (4) messenger service, or (5) fax.

This proof of service form should not be used to show proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-010).

Also, this proof of service form should not be used to show proof of electronic service. For that purpose, use Proof of Electronic Service (form POS-050).

Certain documents must be personally served. For example, an order to show cause and temporary restraining order generally must be served by personal delivery. You must determine whether a document must be personally delivered or can be served by mail or another method.

GENERAL INSTRUCTIONS

A person must be over 18 years of age to serve the documents. The person who served the documents must complete the Proof of Service. A party to the action cannot serve the documents.

The Proof of Service should be typed or printed. If you have Internet access, a fillable version of this proof of service form is available at www.courts.ca.gov/forms.htm.

Complete the top section of the proof of service form as follows:

First box, left side: In this box print the name, address, and telephone number of the person for whom you served the documents.

Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box. The address for the court should be the same as the address on the documents that you served.

Third box, left side: Print the names of the plaintiff/petitioner and defendant/respondent in this box. Use the same names as are on the documents that you served.

Fourth box, left side: Check the method of service that was used. You should check only one method of service and should show proof of only one method on the form. If you served a party by several methods, use a separate form to show each method of service.

First box, top of form, right side: Leave this box blank for the court’s use.

Second box, right side: Print the case number in this box. The case number should be the same as the case number on the documents that you served.

Third box, right side: State the judge and department assigned to the case, if known.

Complete items 1–6:

1.You are stating that you are over the age of 18.

2.Print your home or business address.

3.If service was by fax service, print the fax number from which service was made.

4.List each document that you served. If you need more space, check the box in item 4, complete the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D)), and attach it to form POS-040.

5.Provide the names, addresses, and other applicable information about the persons served. If more than one person was served, check the box on item 5, complete the Attachment to Proof of Service—Civil (Persons Served) (form POS-040(P)), and attach it to form POS-040.

6.Check the box before the method of service that was used, and provide any additional information that is required. The law may require that documents be served in a particular manner (such as by personal delivery) for certain purposes. Service by fax generally requires the prior agreement of the parties.

You must sign and date the proof of service form. By signing, you are stating under penalty of perjury that the information that you have provided on form POS-040 is true and correct.

POS-040 [Rev.January 1, 2020]

PROOF OF SERVICE—CIVIL

 

 

 

(Proof of Service)

For your protection and privacy, please press the Clear

 

 

 

 

This Form button after you have printed the form.

 

 

Print this form

 

Save this form

 

 

 

 

 

 

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Form Characteristics

Fact Name Details
Name of the Form POS-040 - Proof of Service—Civil
Governing Law California Code of Civil Procedure, §§ 1011, 1013, 1013a
Primary Use This form is used to demonstrate proof of service of civil legal documents.
Service Methods Methods include personal service, mail, overnight delivery, messenger service, or fax.
Prohibition The form cannot be used for serving a summons and complaint or for electronic service.
Age Requirement The person serving documents must be over 18 years of age and not a party in the action.
Submission Requirement Requires a declaration statement under penalty of perjury confirming the service details.
Form Updates The latest revision of this form was made on January 1, 2020.

Guidelines on Utilizing Pos 040

Completing the POS-040 form accurately is important to ensure that the proof of service is valid. Once you've filled out this form, it will be submitted to the court as evidence that legal documents were served to the appropriate parties. Be sure to follow the instructions carefully for each step, and don't forget to include any additional attachments if necessary.

  1. Fill out the top section: In the first box, provide your name, address, and telephone number as the person serving the documents.
  2. In the second box, enter the name of the county and the court's address where the legal action is filed. The court’s address should match the one on the documents served.
  3. In the third box, print the names of the plaintiff/petitioner and defendant/respondent exactly as they appear on the documents you served.
  4. In the fourth box, mark the method of service used. Remember, only one method should be checked. If multiple methods were used, a separate form should be used for each method.
  5. Leave the first box on the right side blank for court use. In the second box on the right, print the case number matching the documents served.
  6. If known, state the judge and department assigned to the case in the third box on the right.
  7. Complete items 1–6:
    • In item 1, confirm that you are over 18 years of age.
    • In item 2, write down your home or business address.
    • If service was done by fax, provide the fax number from which you sent the documents in item 3.
    • In item 4, list the documents served. If there are additional documents, check the box and complete the necessary attachment.
    • In item 5, provide names and addresses of those served. Again, if there are multiple, check the box and include an attachment.
    • For item 6, indicate the method of service used by marking the appropriate box and supplying any additional information needed.
  8. Sign and date the form: By signing, you declare that all provided information is true and correct under penalty of perjury.

What You Should Know About This Form

What is the POS-040 form used for?

The POS-040 form, also known as the Proof of Service form, is utilized in California to confirm that legal documents have been properly served to the involved parties in a civil case. This form is essential in the legal process as it serves as evidence that the other party has received the necessary paperwork, ensuring they are adequately informed about the proceedings affecting them.

Who is qualified to serve documents using the POS-040 form?

To serve documents using the POS-040 form, the individual performing the service must be over 18 years of age and cannot be a party involved in the action. This requirement ensures that the service process is conducted fairly and impartially, maintaining the integrity of the legal proceedings.

What methods of service can I use with the POS-040 form?

The POS-040 form allows for several methods of service, including personal service, mail, overnight delivery, messenger service, and fax transmission. However, only one method can be checked on the form for a single proof of service. Each method has specific requirements, such as ensuring that the documents are delivered directly to the person involved or sent to the correct address.

Can I use the POS-040 form for serving a summons and complaint?

No, the POS-040 form should not be used to show the service of a summons and complaint. For that type of document, you must use the Proof of Service of Summons form (POS-010). This distinction is important because the rules governing summons service can differ from those applicable to other legal documents.

What information needs to be included in the POS-040 form?

When filling out the POS-040 form, it’s crucial to include the names and addresses of both the party serving the documents and the person being served. You must also specify the method of service used, provide details about the documents served, and confirm that you are over 18 years old. Your signature on the form acts as a declaration under penalty of perjury that the information is accurate.

What happens if the document needs to be served in a specific manner?

Certain documents may legally require personal service, as is the case with orders to show cause or temporary restraining orders. It is essential to verify the specific requirements for each document to ensure compliance with legal standards. If different methods of service are used for various documents, you will need to submit separate POS-040 forms for each method.

Common mistakes

When filling out the POS-040 form, individuals may encounter several common mistakes that can affect the validity of the proof of service. Understanding these errors can lead to a smoother process and less chance of complications in court.

One frequent mistake is failing to check the appropriate method of service. The form explicitly states that only one method should be checked. If multiple boxes are checked, the court may find the proof of service inadequate. Therefore, it is important to carefully consider which method was used, whether it was personal service, mail, overnight delivery, messenger service, or fax.

Another common error involves incomplete or inaccurate personal information. Providing the correct name, address, and case number is critical. If any of this information is incorrect or missing, it could lead to challenges later in the legal process. Validate each detail before submission to avoid such pitfalls.

People often forget to attach the necessary supplementary documents when serving multiple persons or multiple documents. If a person has served more than one recipient, a separate attachment should be included. Failing to attach the pertinent forms could raise questions about the service’s thoroughness and credibility.

Many individuals also neglect to declare their age and relationship to the action correctly. The person serving documents must be over 18 and cannot be a party to the case. Any oversight in verifying these factors may render the service improper, so it’s essential to confirm that the individual meets these criteria.

The date of service can also be overlooked or inaccurately recorded. This detail is significant because it indicates when the documents were delivered. An incorrect date can create confusion about timelines and deadlines, potentially affecting legal rights.

Additionally, people sometimes forget to include the signature and date at the end of the form. The declaration under penalty of perjury requires both a signature and a date to be valid. Omitting either can lead to the form being rejected or considered invalid.

Improperly identifying the recipients can cause confusion and legal issues. For instance, listing the name of a represented party instead of their attorney could compromise the service. Accuracy in detailing who received the documents is paramount to ensure proper legal procedures are followed.

Lastly, failing to comply with the specific requirements for certain documents can lead to mistakes. Some documents may only be served by personal delivery due to legal stipulations. Understanding which documents require special handling is essential to ensure that all necessary protocols are followed.

Awareness of these common errors can help individuals fill out the POS-040 form more accurately, ultimately facilitating a more effective legal process. Taking the time to review each section and ensuring that all requirements are met can prevent unnecessary delays and complications.

Documents used along the form

The POS-040 form is often used in legal proceedings for providing proof of service in civil cases. Several other documents complement the POS-040 to ensure all aspects of a legal service are meticulously covered. Below is a list of these forms along with brief descriptions of each.

  • POS-010: Proof of Service of Summons. This form is used to show proof of service specifically for summons and complaints, ensuring all parties are aware of legal actions initiated against them.
  • POS-050: Proof of Electronic Service. This document confirms that electronic service of documents occurred, strictly for cases where parties agree to service by electronic means.
  • POS-040(D): Attachment to Proof of Service–Civil (Documents Served). This attachment lists the exact documents served when there's insufficient space on the POS-040 form.
  • POS-040(P): Attachment to Proof of Service–Civil (Persons Served). Similar to the previous form, this attachment provides details about all individuals who were served when the space on the main form is inadequate.
  • Form MC-030: Declaration. This optional form allows a declarant to provide additional information under penalty of perjury and may be attached if required.
  • Form FL-335: Proof of Service by Mail. A specific form for family law cases to show that documents were served by mail, ensuring compliance with family court rules.
  • Form UD-117: Proof of Service of Summons and Complaint (Unlawful Detainer). Used in landlord-tenant disputes, this form verifies service in eviction actions.
  • Form CIV-130: Proof of Service of Response. This form documents that a response to a complaint has been properly served, critical in defending actions against a party.
  • Form SC-112: Proof of Service (Small Claims). Designed for small claims cases, this form confirms that all parties have been notified of the claim filed against them.
  • Form EJ-125: Proof of Service by Mail (Wage Garnishment). This document ensures accountability in wage garnishment cases by confirming service to the involved parties.

Using these accompanying documents alongside the POS-040 form helps to maintain proper protocol in legal proceedings. Ensuring that service is documented accurately is essential for the smooth progression of a case and for protecting the rights of all parties involved.

Similar forms

  • Proof of Service of Summons (Form POS-010): Like the POS-040, this form is also used to confirm that legal documents were served. However, it specifically pertains to the service of summons and complaints, whereas POS-040 covers a broader range of civil documents.
  • Proof of Electronic Service (Form POS-050): This document serves to verify that legal papers were served electronically. Similar to POS-040, it requires details about the recipient and the method of service, focusing on electronic methods instead of traditional delivery.
  • Declaration of Service by Mail (Form POS-041): This form attests to the mailing of documents. It shares the essence of POS-040 but is specifically for situations where documents are served solely through the mail.
  • Judicial Council Form FL-335 (Proof of Service by Mail): Used in family law matters, this form confirms that documents were mailed. While similar in purpose to POS-040, it is designated for family law proceedings.
  • Request for Dismissal (Form CIV-110): While used to request the dismissal of a case, it often needs a proof of service attached. This ties back to the need for confirming that the opposing party has been notified.
  • Response (Form FL-320): In family law cases, a response must be served to the other party. Although it’s a different type of document, proper service proof akin to POS-040 is essential to confirm that the response was delivered.
  • Notice of Hearing (Form CIV-140): This form provides details about upcoming court dates and proceedings. Like the POS-040, it encompasses requirements for confirming service of important notices to involved parties.
  • Subpoena (Form SUBP-001): This document can compel the attendance of a witness or the production of evidence. It also necessitates proof of service, requiring details similar to those on POS-040.

Dos and Don'ts

Things You Should Do:

  • Type or print the form clearly to ensure legibility.
  • Check only one method of service to avoid confusion.
  • Include your age and confirm you are not a party to the action.
  • List all documents served accurately.
  • Sign and date the form, affirming the information is correct.

Things You Shouldn't Do:

  • Do not use this form for serving a summons and complaint.
  • Avoid submitting incomplete information about the served persons.
  • Do not check multiple methods of service on the form.
  • Do not leave the top right box blank if it is required for the court’s use.
  • Refrain from using this form for electronic service.

Misconceptions

1. The POS-040 form is only for attorneys. Some individuals believe that only licensed attorneys can use this form. In reality, any party involved in a civil action can complete and file the form, provided they meet the age and non-party criteria.

2. This form can be used for electronic service. A common misconception is that the POS-040 can cover electronic service. However, this form is specifically designed for paper service methods and should not be used for electronic submissions. For electronic service, the form POS-050 must be used.

3. Service can be done by anyone. Some assume that anyone can serve legal documents. In truth, the law mandates that only individuals over 18 and not parties to the action can carry out the service.

4. Multiple service methods can be documented on one form. Many people think it’s acceptable to document multiple methods of service on the POS-040. It's necessary to use a separate form for each method employed to serve documents.

5. The form does not require specific details about the recipient. While some believe minimal information suffices, the POS-040 requires detailed information about the recipients, including names and addresses, to validate the service process.

6. Any documents can be served using this form. There’s a misconception that this form can be used for all types of documents. Certain documents, like a summons and complaint, require different forms, specifically POS-010.

7. The declaration of service can be performed by parties involved in the action. It is mistakenly thought that parties can declare proof of service. However, only individuals who are not involved in the legal action can attest to the service.

8. The form can be filled out after documents are served. Some individuals believe they can complete the form retroactively. This form should be filled out immediately after service, as it reflects the actual date and method of service used.

9. Handwriting is preferred for filling out the form. Many think filling out the POS-040 in handwriting is better. The form should ideally be typed or printed to ensure clarity and legibility.

10. A signature on the form is optional. Some believe that signing the POS-040 is not necessary. It is essential to sign the form, as it affirms that the information provided is true and accurate under penalty of perjury.

Key takeaways

Filling out and using the POS-040 form correctly is essential for valid service of legal documents. Here are five key takeaways to help guide you through the process.

  • Eligibility to Serve: Only individuals over the age of 18 and not involved in the case can serve documents. This ensures an impartial approach to document delivery.
  • Method of Service: You must select only one method of service on the form, such as personal service, mail, or fax. Each method has specific requirements, so ensure you choose the most appropriate one.
  • Documentation of Service: Clearly list each document served in the corresponding section. If you serve numerous documents, use the designated attachments for clarity and organization.
  • Accurate Information: Fill in all sections of the form accurately, including names, addresses, and case details. Any discrepancies can lead to complications in the legal process.
  • Declaration Requirement: Sign and date the form to declare under penalty of perjury that the provided information is accurate. This step underscores the form's legal significance.

By following these key points, you can ensure that your completion and use of the POS-040 form aligns with legal requirements, aiding in the smooth progression of your case.

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