Before you start
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Plan ahead. Think about the best place and time for your server to deliver the forms.
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You don’t have to serve at home. Tenants can be served at their home, workplace, another person’s home, or even in a public place.
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All tenants must be served. If you’re evicting more than one tenant, each person needs to be served.
How to serve the Summons and Complaint forms
🔗 All court form links open in a new tab so you don’t lose your place.
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Choose a server
You can’t serve the Summons and Complaint yourself. Ask another adult (a server) to deliver the papers.
Your server must:
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Be 18 or older, and
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Not be part of your case
Your server can be:
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Someone you know,
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The county sheriff (in most, but not all, counties), or
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A professional process server you hire
📌 Tip: If you hire a process server, look for one close to where your tenant lives or works. They usually charge based on how long it takes to serve. The sheriff also charges a fee unless you have a fee waiver.
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Have your server give the forms to your tenant
Your server must hand the filed papers to your tenant.
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The server should write down the address, date, and time of delivery.
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This information is needed to fill out a Proof of Service of Summons (form POS-010).
The server can leave the papers near the tenant and say what they are (for example, “These are legal papers for you”). The tenant must be there. The server can’t just leave the papers on the doorstep if no one is around.If the server can't find the tenant to give them papers, they can try other ways to serve them:
Ways to serve papers (in order):
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Personal service (best and required first)
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Server hands the papers directly to the tenant.
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Substituted service (if personal service doesn’t work)
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Server gives the papers to another adult at the tenant’s home or workplace (or another tenant in the home).
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Then the server mails a copy to the same address.
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Service is complete 10 days after the mailing.
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Service by posting and mailing (only with judge’s permission)
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Your server must first try personal service and substituted service.
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If those don’t work, the server writes a statement explaining their attempts (they can use Declaration (form MC-030)).
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You file a request asking the court for permission. The self-help center or law library can guide you.
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If the judge allows it:
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The server posts the Summons and Complaint where the tenant will see it, and
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Mails another copy by certified mail to the tenant’s home.
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Service is complete 10 days after mailing.
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Have your server fill out a Proof of Service
Your server must complete a Proof of Service of Summons (form POS-010).
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You can fill in the top part with case and court info.
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Your server fills in how, when, and where they served the papers, then dates and signs the form.
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Your server gives the form back to you.
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File the Proof of Service form
- Make one copy of the completed Proof of Service.
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File the original and the copy at the court clerk’s office.
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The court keeps the original and stamps your copy.
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Keep the stamped copy for your records.
Key takeaways
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You can’t serve the Summons and Complaint yourself. Ask another adult (a server) to do it.
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Every tenant must be served.
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Try personal service first. If that doesn’t work, your server may use substituted service. Posting and mailing is only allowed if the judge gives permission.
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Your server must complete a Proof of Service of Summons (form POS-010). File it at the court.
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After service, tenants have 10 days to respond. If they don’t, you can ask for a default judgment.
Eviction
What's next?
After service, wait to see if the tenant responds within 10 days.
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If they respond, they usually file an Answer and the case will move toward trial.
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If they don’t respond, you can ask the court for a default judgment (a decision without a trial).