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Proof of Service Forms

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Makrolon

Junior Member
What is the name of your state (only U.S. law)? CA

Good Day Everyone,
This is kind of a specific question, so if no one knows the answer, maybe some direction on who to call to get the answer would be greatly appreciated.

I sent my SC-100 small claims forms up north to a sheriff to have them served. They returned a filled out POS-010 Proof of Service of Summons. However the California courts website states that a SC-104 Proof Of Service (Small Claims) is to be filled out. Is the POS-010 form just as acceptable as the SC-104? I would like to make the assumption that the sheriff's department wouldnt be returning a form that would result in dismissal of a case due to it being the wrong form.

Thanks.
 


Ladyback1

Senior Member
What is the name of your state (only U.S. law)? CA

Good Day Everyone,
This is kind of a specific question, so if no one knows the answer, maybe some direction on who to call to get the answer would be greatly appreciated.

I sent my SC-100 small claims forms up north to a sheriff to have them served. They returned a filled out POS-010 Proof of Service of Summons. However the California courts website states that a SC-104 Proof Of Service (Small Claims) is to be filled out. Is the POS-010 form just as acceptable as the SC-104? I would like to make the assumption that the sheriff's department wouldnt be returning a form that would result in dismissal of a case due to it being the wrong form.

Thanks.
I would suggest calling the court that you filed in, and asking your question.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

Good Day Everyone,
This is kind of a specific question, so if no one knows the answer, maybe some direction on who to call to get the answer would be greatly appreciated.

I sent my SC-100 small claims forms up north to a sheriff to have them served. They returned a filled out POS-010 Proof of Service of Summons. However the California courts website states that a SC-104 Proof Of Service (Small Claims) is to be filled out. Is the POS-010 form just as acceptable as the SC-104? I would like to make the assumption that the sheriff's department wouldnt be returning a form that would result in dismissal of a case due to it being the wrong form.

Thanks.
I'm curious...

Did the Sheriff's department up north simply ignore the blank SC-104 that you sent along with the papers to be served?
 

Makrolon

Junior Member
I'm curious...

Did the Sheriff's department up north simply ignore the blank SC-104 that you sent along with the papers to be served?

I did not include a copy of the SC-104 form with the documents sent up to the Sheriff. Since the form is a fillable PDF I figured they would be typing the information instead of hand writing it.

I will go ahead and call up the court clerk and ask them about that document. The case is still 2 months away so at worst case I will just have to ask the Sheriff to fill out the information again on the SC-104 form.
 

Zigner

Senior Member, Non-Attorney
I did not include a copy of the SC-104 form with the documents sent up to the Sheriff. Since the form is a fillable PDF I figured they would be typing the information instead of hand writing it.

I will go ahead and call up the court clerk and ask them about that document. The case is still 2 months away so at worst case I will just have to ask the Sheriff to fill out the information again on the SC-104 form.
One should ALWAYS send a blank proof of service form.
 

Zigner

Senior Member, Non-Attorney
This is my first time ever going to court, so I will definitely note that in case I ever have to go again.
Hopefully you won't have to ever go to court again :) Part of the reason I posted my answer was in case somebody else stumbles upon this thread. It will help them avoid this error.
 

Makrolon

Junior Member
Hopefully you won't have to ever go to court again :) Part of the reason I posted my answer was in case somebody else stumbles upon this thread. It will help them avoid this error.
Thank you for the help Zinger it's very much appreciated.
 

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