Yes! You can use AI to fill out Judicial Council of California Form SC-104, Proof of Service (Small Claims)
Form SC-104 (Proof of Service—Small Claims) is an optional Judicial Council of California form used to record the details of serving small claims court documents on the opposing party or an authorized recipient. It identifies who was served, what documents were served, and whether service was personal or substituted (with required follow-up mailing). The server signs under penalty of perjury, making the form a key piece of evidence that service complied with California law. Courts rely on this proof to confirm proper notice before a hearing and may delay or dismiss matters if service is not properly documented.
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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 is being served: either the individual’s name or, for a business/public entity, the entity name plus the authorized person for service and their job title.
- 3 Select and list the documents served (e.g., SC-100, SC-120, SC-134, AT-138/EJ-125, or other specified documents).
- 4 Record the method of service: complete the Personal Service section with date/time/address, or complete the Substituted Service section with the recipient type, date/time/address, and the recipient’s name/description.
- 5 If substituted service was used, complete the mailing details (date mailed, city/state mailed from, and how it was 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), then sign and date the declaration under penalty of perjury.
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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 properly delivered (“served”) to the other party. The server fills it out after service and it is filed with the court.
The person who served the papers must complete and sign the form. The server must be at least 18 years old and cannot be named in the case.
Section 3 is where the server checks which documents were served, such as SC-100 (Plaintiff’s Claim), SC-120 (Defendant’s Claim), or other documents specified. If an order for examination was served, the server must identify which form was used (e.g., SC-134 or AT-138/EJ-125).
In item 1(a), write the person’s full name exactly as it appears on the court papers. This should match the party being served in the case.
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 serve an authorized person such as the city/county clerk, the agency’s chief officer/director, or another person authorized to accept service.
Personal Service means the server handed the papers directly to the person named in item 1. Substituted Service means the server left the papers with a qualified adult at the person’s home, workplace, or usual mailing location (as allowed), and then mailed a copy to the person.
Yes. The form requires the server to mail a copy of the documents to the person at the same address where the papers were left, using first-class prepaid postage, and to record the mailing date and location.
No. The form states substituted service cannot be done at a U.S. Post Office box. It may be done where the person usually receives mail only if it is not a U.S. Post Office box (for example, a private mailbox) and 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 code) where the papers were personally delivered or left for substituted service. For substituted service, the server must also describe or name the adult who received the papers.
The server must give or mail the completed proof of service to the person who requested service in time for it to be filed with the court at least 5 days before the hearing. If it is filed late, the hearing may be postponed or service may be challenged.
SC-104A is used when someone other than the server actually mails the documents after substituted service. If the server checks the option that another person mailed the documents, that person’s completed SC-104A must be attached.
Yes. The form notes that an order for examination must be personally served, and that a civil arrest warrant may be issued for failure to appear only if personal service was done by a registered process server, sheriff, marshal, or someone appointed by the court.
The server must provide their name, phone number, and address, and may list any fee charged. If the server is a registered process server, they must also include the county of registration and registration number.
Compliance SC-104
Validation Checks by Instafill.ai
1
Court Venue Completeness (County and Court Address)
Validates that the Superior Court county and the court street address fields are completed. This is required to identify the correct filing venue and ensure the proof of service is associated with the proper court location. If missing or incomplete, the filing may be rejected or misrouted, delaying the hearing and service verification.
2
Case Identification Required Fields (Case Number and Case Name)
Ensures the Case Number and Case Name are present and meet basic formatting expectations (e.g., case number not blank and not containing invalid characters). These fields link the proof of service to the correct small claims matter. If validation fails, the court and parties may be unable to match the service record to the case, risking rejection or disputes about service.
3
Hearing Schedule Fields Validity (Date, Time, Department)
Checks that Hearing Date is a valid date, Time is present and in a valid time format, and Department is provided if required by the court. The form instructions require filing at least 5 days before the hearing, so the hearing schedule must be unambiguous. If invalid or missing, the proof may not be accepted or may not demonstrate timely service.
4
Served Party Type Selection and Completeness (Person vs. Business/Entity)
Validates that the form is completed for either (1a) an individual person name or (1b) a business/entity name with an authorized person and job title, and that the unused path is not left ambiguously partially filled. This prevents uncertainty about who was legally served and whether service was directed to a proper recipient. If both are blank or conflicting, service may be challenged as defective.
5
Business/Entity Service Authorization Details (Authorized Person and Job Title)
When serving a business or public entity, verifies that 'Person Authorized for Service' and 'Job Title' are provided and not generic placeholders (e.g., 'employee' without role). Proper service on entities requires delivery to a person authorized by law or the entity’s structure. If missing or vague, the service may be invalid and the case may be continued or dismissed for lack of proper service.
6
Documents Served Selection (At Least One Document Checked)
Ensures at least one item in section 3 is selected (SC-100, SC-120, Order for Examination form option, or 'Other' with specification). Proof of service must identify exactly what documents were delivered. If none are selected, the proof is incomplete and cannot establish what was served.
7
‘Other’ Document Specification Required When Selected
If 'Other' is checked in section 3(d), validates that the description/specification text is filled in with a meaningful document name. This is necessary to avoid ambiguity about what was served beyond the standard forms. If missing, the court may treat the proof as incomplete or the opposing party may dispute what was delivered.
8
Order for Examination Personal Service Constraint
If an Order for Examination is selected (SC-134 or AT-138/EJ-125), validates that the service method recorded is Personal Service (section 4a) and not Substituted Service (section 4b). The form explicitly states this type of order must be personally served, and substituted service would not satisfy the requirement. If violated, the proof should be flagged because the order may be unenforceable and could lead to denial of related enforcement actions.
9
Service Method Exclusivity (Personal vs. Substituted)
Checks that exactly one service method is completed: either Personal Service (4a) or Substituted Service (4b), not both and not neither. The proof must clearly state how service was accomplished to evaluate legal sufficiency. If both are filled or both are blank, the record is internally inconsistent and may be rejected or challenged.
10
Personal Service Event Details (Date, Time, AM/PM, Address)
When Personal Service is used, validates that the service date is a valid date, time is present with AM/PM indicated, and the service address includes street address, city, state, and ZIP. These details establish when and where the documents were personally delivered. If incomplete or malformed, the proof may not meet evidentiary standards and could be deemed insufficient.
11
Substituted Service Recipient Category and Recipient Identification
When Substituted Service is used, validates that one recipient category is checked (home competent adult, workplace person in charge, or mail-receipt location person in charge) and that the 'Name or description of the person I gave the papers to' is completed. Substituted service requires identifying the recipient and the basis for their suitability. If missing, the service may be invalid because the court cannot assess whether the recipient met statutory requirements.
12
Substituted Service Mailing Requirement Completeness
For Substituted Service, verifies that the mailing step is fully completed: mailing date, mailing from city/state, and one mailing method option (USPS drop, business mail drop, or third-party mailer with SC-104A attached). Substituted service is not complete without the follow-up mailing, so these fields are essential. If any are missing, the service is likely defective and should be flagged for correction.
13
Address Consistency for Substituted Service Mailing
Checks that the mailing address for substituted service matches the address where the copies were left (as the form requires mailing to the same address). This ensures compliance with the substituted service procedure and reduces disputes about whether the served party was properly notified. If inconsistent, the proof should fail validation because the mailing step may not satisfy statutory notice requirements.
14
Server Eligibility Attestation (Age and Not Named in Case)
Validates that the server’s declaration section is completed and that the server is not listed as a party name in the case (where the system can compare against known party names). The form requires the server to be at least 18 and not named in the case to avoid conflicts of interest and ensure lawful service. If the server appears to be a party or the attestation is missing, the service may be invalid.
15
Server Contact Information Format (Name, Phone, Address)
Ensures the server’s name and address are present and that the phone number follows an acceptable format (e.g., 10-digit US number with optional punctuation). This information is needed if the court or parties must contact the server to verify service details. If missing or improperly formatted, the proof may be considered incomplete and harder to authenticate.
16
Registered Process Server Details Conditional Requirement
If the submission indicates the server is a registered process server, validates that county of registration and registration number are provided and plausibly formatted (non-empty, numeric/alphanumeric as applicable). This is important for cases like orders for examination where personal service by certain authorized individuals can affect enforcement consequences. If missing, the form may not support claims requiring a registered process server and may be rejected or require amendment.
17
Signature and Date Execution (Perjury Declaration)
Validates that the declaration date is present and that the server’s signature (or accepted e-signature indicator) and typed/printed name are provided. The proof of service is not effective without the server’s sworn statement under penalty of perjury. If unsigned or undated, the court may refuse to file it or treat service as unproven.
Common Mistakes in Completing SC-104
People often skip the top section (county, court address, case number, case name, hearing date/time/department) because they assume it’s already “in the system” or will be filled in by the clerk. If any of these items are missing or don’t match the filed claim, the court may reject the proof of service or it may not be linked to the correct case file. Copy the information exactly from the filed SC-100/SC-120 and the hearing notice, including the department and time.
A common error is writing the server’s name, the plaintiff’s name, or a nickname/partial name instead of the exact person or legal entity that must be served. This creates doubt that the correct party received notice and can lead to a continuance or dismissal for improper service. Use the exact name as it appears on the claim and, for individuals, include full legal name (first/last) rather than informal names.
For businesses and agencies, people frequently write only the business name and omit the “Person Authorized for Service” and “Job Title,” or they list a random employee. Service on the wrong individual can be invalid, meaning the defendant may not be properly brought into the case. Identify an authorized recipient (owner/partner/officer/general manager/authorized agent/Secretary of State agent) and record both the person’s name and their title in Item 1(b).
The form notes that public entities generally require a claim to be filed with the entity before service, but filers often miss this instruction. If the prerequisite claim process wasn’t completed, the case can be delayed or dismissed regardless of whether papers were delivered. Confirm the government-claim requirement applies, complete it first when required, and then serve the correct official (clerk, chief officer/director, or authorized agent).
People sometimes have a plaintiff, defendant, or someone under 18 deliver the papers to save time or money. The form requires the server to be at least 18 and not named in the case; violating this can invalidate service and force re-service, risking missed deadlines. Choose a neutral adult server (friend, professional process server, sheriff) and ensure they are not listed as a party on the case.
It’s common to check the wrong box (SC-100 vs. SC-120), forget to list “Other,” or fail to specify what “Other” includes. If the proof of service doesn’t match what was actually delivered, the court may find service incomplete or unclear. Before serving, confirm the exact packet being delivered and then check every document in Item 3, specifying any “Other” documents by full name.
Substituted service is often done incorrectly by leaving papers with someone who is under 18, not living at the home, not “in charge” at the workplace, or at an improper address (like a U.S. Post Office box). Another frequent mistake is forgetting that substituted service requires mailing a copy afterward and documenting the mailing details. To avoid invalid service, ensure the recipient qualifies, use a valid physical address (or qualifying private mailbox scenario), and complete the mailing section with date, city/state, and method.
Servers sometimes fill out both sections, or they complete the wrong one (e.g., marking personal service but describing leaving papers with another adult). This creates contradictions that can cause the clerk or judge to question whether service complied with the rules. Fill out only the section that matches what actually happened: Item 4(a) for personal hand-delivery to the named person, or Item 4(b) for substituted service plus mailing.
A very common rejection issue is leaving out the service date, time, AM/PM selection, or the full service address (including city/state/zip). Without these specifics, the court cannot confirm service timing and location, and the proof may be deemed insufficient. Record the exact date and time of delivery, select AM or PM, and write the complete address 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 provide a vague entry like “front desk.” This weakens the proof because it doesn’t show the papers were left with a qualifying adult. Write the recipient’s full name if known; if not, provide a clear description (approximate age, role, relationship, and where they were encountered).
Filers frequently forget to complete the server’s name, address, phone, fee, or (if applicable) the county of registration and registration number, and they sometimes forget the signature/date at the end. An unsigned or incomplete declaration can make the proof of service invalid and require re-filing. Ensure Item 5 is complete, include registration details if the server is registered, and sign and date the declaration after service is completed.
People often serve the papers but don’t get the completed SC-104 back to the filer early enough for court filing at least 5 days before the hearing. Late filing can result in the hearing being continued or the case being dismissed because the court cannot confirm timely notice. Plan service early, have the server complete SC-104 immediately after service, and file it with the court well before the 5-day deadline.
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