Yes! You can use AI to fill out Judicial Council of California Form SC-104, Proof of Service (Small Claims)
SC-104, Proof of Service (Small Claims), is an optional Judicial Council of California form that a server completes after delivering small claims documents to the other party. It records the recipient’s identity, the documents served, and whether service was personal or substituted, including required mailing details for substituted service. The form is important because the court generally cannot move forward unless there is valid proof that the opposing party was served according to California law. The server signs under penalty of perjury, making accuracy critical.
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Form specifications
| Form name: | Judicial Council of California Form SC-104, Proof of Service (Small Claims) |
| Number of pages: | 2 |
| Filled form examples: | Form SC-104 Examples |
| Language: | English |
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Follow these steps to fill out your SC-104 form online using Instafill.ai:
- 1 Enter the court information and case details (county, case number, case name, hearing date/time/department).
- 2 Identify who was served: either the individual’s name or the business/public entity name plus the authorized person for service and their job title.
- 3 Select and list the exact documents served (e.g., SC-100, SC-120, order for examination forms, and/or other specified documents).
- 4 Choose the service method and complete the appropriate section: Personal Service (date/time/address) or Substituted Service (who received the papers, date/time/address, and the name/description of the recipient).
- 5 If substituted service was used, complete the mailing details (date mailed, city/state mailed from, and how the envelope was deposited/mailed; attach SC-104A if someone else mailed it).
- 6 Complete the server’s information (name, phone, address, service fee, and process server registration details if applicable).
- 7 Sign and date the declaration under penalty of perjury, then return the completed form to the requesting party so it can be filed with the court at least 5 days before the hearing.
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Frequently Asked Questions About Form SC-104
Form SC-104 is used to prove to the court that the required small claims papers were delivered (“served”) to the other party. The court generally cannot proceed unless service is properly completed and documented.
The person who actually served the papers (the “server”) must complete and sign the form. The server must be at least 18 years old and cannot be named in the case.
The completed Proof of Service must be filed with the court at least 5 days before the hearing. The server should return it to the person who requested service early enough to meet that deadline.
You must enter the court name and address, the case number, case name, and the hearing date, time, and department. This information should match the small claims paperwork being served.
In item 1(a), write the person’s name exactly as it appears on the court papers. This is the person who is being served.
In item 1(b), list the business/agency name, the person authorized to accept service, and that person’s job title. The form also lists examples of who can be served for businesses (e.g., owner, partner, officer, general manager, or authorized agent).
You must serve an appropriate person such as the owner (sole proprietorship), a partner/general partner, an officer or general manager, or an authorized agent (including an agent on file with the Secretary of State for certain entities). Serving the wrong person can make service invalid.
Yes—before serving a public entity, you must first file a claim with that entity. Then you may serve the clerk, chief officer/director, or another person authorized to accept service for the entity.
Check the boxes for the exact documents you served, such as SC-100 (Plaintiff’s Claim), SC-120 (Defendant’s Claim), or an order for examination (SC-134 or AT-138/EJ-125). If you served something else, check “Other” and specify what it was.
Personal Service means you handed the documents directly to the person named in item 1. Substituted Service means you left the documents with an eligible adult at the person’s home, workplace, or usual mailing location (as described on the form) and then mailed a copy to the person.
Yes. After leaving the papers with the eligible adult, you must mail copies to the person in item 1 at the address where you left the documents, using first-class prepaid postage, and complete the mailing details on the form.
Not a U.S. Post Office box. The form allows substituted service at a place where the person usually receives mail only if it is not a U.S. Post Office box (for example, a private mailbox), and only if there is no known physical address.
The server must provide the date, time (a.m./p.m.), and the full address (including city, state, and zip) where the papers were delivered. For substituted service, the server must also describe the person who received the papers and complete the mailing section.
The form warns that an order for examination must be personally served. It also notes the court can issue a civil arrest warrant for failure to appear only if personal service was done by a registered process server, sheriff, marshal, or someone appointed by the court.
If someone else mails the documents for substituted service (instead of the server), that person must complete Form SC-104A. You attach the completed SC-104A to SC-104 to document the mailing.
Compliance SC-104
Validation Checks by Instafill.ai
1
Court Venue Completeness (County and Address)
Validates that the Superior Court county name is provided and that the court street address field is not left blank. This is important because the proof of service must be tied to the correct court location for filing and case tracking. If missing or incomplete, the submission should be rejected or flagged because the court cannot reliably associate the proof with the proper venue.
2
Case Identifier Completeness (Case Number and Case Name)
Checks that both the Case Number and Case Name fields are present and non-empty, and that the case number matches an expected pattern (e.g., alphanumeric with dashes as used by the county). These identifiers are essential to link the proof of service to the correct small claims matter. If validation fails, the form should be returned for correction because mis-association can invalidate filing or cause service to be credited to the wrong case.
3
Hearing Schedule Fields Validity (Date, Time, Department)
Ensures Hearing Date is a valid calendar date, Time is in a valid time format (with a.m./p.m. if required), and Department is provided when applicable. This matters because the form instructions require filing at least 5 days before the hearing, and the court uses these fields to confirm timeliness. If invalid or missing, the system should flag the submission as incomplete and potentially noncompliant with filing deadlines.
4
Served Party Type Consistency (Person vs. Business/Entity)
Validates that the form is completed for exactly one served party type: either item 1(a) (person’s name) or item 1(b) (business/entity name plus authorized person and job title). This prevents ambiguity about who was served and whether service was directed to an authorized recipient. If both are filled or both are blank, the submission should be rejected because the served party cannot be determined.
5
Business/Entity Service Authorization Details
When serving a business or public entity, checks that Business/Agency Name, Person Authorized for Service, and Job Title are all provided and not placeholders (e.g., 'N/A'). This is important because service on an entity is only valid if delivered to an appropriate authorized individual. If missing, the system should flag the service as potentially invalid and require correction before filing.
6
Documents Served Selection (At Least One Document Checked)
Ensures at least one document in section 3 is selected (SC-100, SC-120, Order for Examination forms, or 'Other' with specification). Proof of service must identify exactly what papers were delivered to establish notice and due process. If none are selected, the submission should be rejected because it does not prove what was served.
7
Other Document Specification Required When 'Other' is Checked
If 'Other' is selected in section 3(d), validates that the 'specify' text field is completed with a meaningful description of the document(s). This is necessary so the court and parties can confirm the scope of service. If blank, the system should fail validation and require the user to specify the document name(s).
8
Service Method Exclusivity (Personal vs. Substituted)
Validates that exactly one service method is completed: section 4(a) Personal Service or section 4(b) Substituted Service, and that the unused method is left blank. This matters because the required details differ and mixing them creates uncertainty about legal compliance. If both are filled or neither is filled, the submission should be flagged as invalid.
9
Personal Service Details Completeness and Format
If Personal Service is selected, checks that service date, service time (with a.m./p.m.), and full service address (street, city, state, zip) are provided and properly formatted. These details are required to establish when and where the documents were personally delivered. If any element is missing or malformed (e.g., invalid ZIP), the system should reject or require correction because the proof is incomplete.
10
Substituted Service Recipient Category and Recipient Identification
If Substituted Service is selected, validates that exactly one recipient category checkbox is selected (home co-resident adult, workplace person in charge, mail-receipt location person in charge/private mailbox) and that the 'Name or description of the person I gave the papers to' is completed. This is important because substituted service is only valid under specific conditions and must identify the recipient. If category is missing/multiple or recipient identity is blank, the submission should be flagged as noncompliant.
11
Substituted Service Mailing Step Completeness and Chronology
For substituted service, checks that the mailing date, mailing city/state, and mailing method (USPS drop, business mail drop, or third-party mailer with SC-104A attached) are completed, and that the mailing date is on or after the hand-delivery date. Mailing is a required step to complete substituted service, and incorrect chronology can invalidate service. If missing or inconsistent, the system should fail validation and prompt for correction.
12
SC-104A Attachment Requirement for Third-Party Mailing
If the substituted service mailing method indicates 'With someone else I asked to mail' is selected, validates that Form SC-104A is attached and marked as completed. This is required because the person who mailed must provide their own proof of mailing. If not attached, the submission should be rejected as incomplete because the mailing element is not properly documented.
13
Address Validation Rules (No U.S. P.O. Box Where Prohibited)
Validates that the service address fields contain a physical address when required and do not indicate a U.S. Post Office box in contexts where the form prohibits it (e.g., substituted service at a location where the person usually receives mail must not be a U.S. P.O. box). This matters because service at an impermissible address can be legally ineffective. If a prohibited address type is detected, the system should flag the submission and require a compliant address.
14
Server Eligibility Attestation and Case-Party Exclusion
Checks that the server’s declaration is completed and that the server is not listed as a party name in the case (to the extent the system can compare against plaintiff/defendant names from the case record). The form requires the server to be at least 18 and not named in the case, which is fundamental to valid service. If the server appears to be a party or the attestation is missing, the submission should be blocked or escalated for review.
15
Server Information Completeness and Contact Format
Validates that the server’s name, phone number, and address (city/state/ZIP) are provided, and that phone and ZIP follow expected formats (e.g., 10-digit phone; 5-digit or 9-digit ZIP). This information is needed for verification, follow-up, and potential testimony regarding service. If incomplete or improperly formatted, the system should require correction before acceptance.
16
Registered Process Server Fields Conditional Requirement
If the submission indicates the server is a registered process server (or if a registration number is entered), validates that both County of registration and Registration number are present and plausibly formatted (e.g., non-empty, numeric/alphanumeric as used by counties). This is important because certain service types (noted on the form for orders for examination) may require service by specific authorized individuals, and registration details support credibility. If partially filled or inconsistent, the system should flag the record for correction or review.
Common Mistakes in Completing SC-104
People often skip the top section (county, case number, case name, hearing date/time/department) because they assume the clerk will fill it in or they don’t have the notice in front of them. Missing or mismatched header information can cause the proof of service to be rejected or misfiled, and it can create confusion about which hearing the service relates to. Copy these fields exactly from the court’s notice or the filed claim, and double-check spelling and numbers match the case caption.
A frequent error is writing the plaintiff’s name, the server’s name, or a nickname instead of the exact person or entity that is being served. If the served party is not correctly identified, the court may find service invalid and continue the hearing or dismiss the claim. Use the exact legal name from the SC-100/SC-120 and, for businesses, include both the business name and the specific authorized person and job title.
Many filers write only the business name and omit the “Person Authorized for Service” and “Job Title,” or they serve a random employee (e.g., cashier) who is not authorized. This can invalidate service because California rules require service on an owner/partner/officer/general manager/authorized agent (or agent on file with the Secretary of State). Before serving, confirm who is authorized (e.g., via Secretary of State business search) and record the recipient’s name and title on the form.
People often check substituted service but leave papers with someone who is under 18, not living at the home, or not actually “in charge” at the workplace/mail location. Substituted service has strict requirements, and mistakes can lead to a challenge that service was improper, delaying the case. Only use substituted service when the recipient fits the form’s categories, and document the relationship/role and the exact address where service occurred.
A very common mistake is completing substituted service (leaving papers with an adult) but not mailing a copy afterward, or not filling out the mailing details (date, city/state, and method). Without the mailing step, substituted service is incomplete and may be deemed invalid. Always mail the copies promptly after leaving them, then complete every mailing line and check the correct mailing method box.
Servers sometimes check SC-100 when they actually served SC-120, forget to check any boxes, or write “Other” without specifying what was served. If the proof of service doesn’t match what was delivered, the court may not accept it or the opposing party may claim they were not properly notified. Compare the packet served to Item 3 and check every applicable box; if it’s not listed, clearly specify the document name and form number under “Other (specify).”
Orders for examination (e.g., SC-134 or AT-138/EJ-125) have special service requirements, and people sometimes use substituted service or have an ineligible person serve them. This can prevent enforcement and, for certain consequences (like a civil arrest warrant), the court may require personal service by a registered process server, sheriff, marshal, or court-appointed person. Read the note on the form carefully and ensure the correct service method and qualified server are used for examination orders.
It’s common to omit the time, forget to mark a.m./p.m., provide an incomplete address, or list a mailing address instead of the actual location where papers were handed/left. These details are used to evaluate whether service was timely and properly performed, and missing information can lead to rejection or a credibility issue if service is disputed. Record the exact date, exact time with a.m./p.m., and the full street address, city, state, and ZIP where service occurred.
When substituted service is used, people often leave blank the “Name or description of the person I gave the papers to,” or they write something vague like “front desk.” If the served party challenges service, the court needs enough detail to assess whether the recipient was a competent adult and appropriate for substituted service. Write the person’s full name if possible, or a detailed description (approximate age, role, relationship, and where they were encountered).
A frequent mistake is having a plaintiff/defendant serve the papers, using someone under 18, or failing to complete the server’s name, address, and phone number. If the server is not eligible or cannot be contacted, the proof of service may be invalid and the hearing may be continued. Use a neutral adult (18+) not named in the case, and fully complete the server information section, including process server registration details if applicable.
People often forget to sign, forget to type/print the server’s name, or leave the declaration date blank—especially when the form is filled out before service occurs. An unsigned or undated proof of service is typically not accepted because it is a declaration under penalty of perjury. Complete the form only after service is done, then sign, print/type the server’s name, and enter the correct date of signing.
Servers sometimes return the form late or the requesting party files it fewer than 5 days before the hearing, often due to misunderstanding the timeline or waiting until the last minute to serve. Late filing can result in the hearing being postponed or the court refusing to proceed because service cannot be confirmed. Serve early, return the completed SC-104 immediately, and plan backward from the hearing date to ensure the proof is filed at least 5 days in advance.
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