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FL-115 Guidance: Proof of Service (California)

The FL-115 Proof of Service of Summons form is used in California family law cases, including those involving parentage, custody, and support, to document that the respondent has been properly served with legal documents related to the proceedings. Jump to guide on filling it out.

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Tips for filling out form FL-115

When completing form FL-115, pay special attention to these less obvious sections:

Item 1

Correct Party

Ensure you are not a party to the action when serving documents. You must be at least 18 years old and neutral.
Item 1a

Case Type

Identify the correct form for your case, whether it's Marriage/Domestic Partnership, Uniform Parentage, or Custody and Support. Using the wrong form could delay proceedings.
Item 3b

Substituted Service

For substituted service, identify and leave the documents with a person at least 18 years old, either at the workplace or home of the respondent, and ensure they understand the significance of the documents.
Item 3c

Mail Service Requirements

When serving via mail and acknowledgment, include two copies of the Notice and Acknowledgment of Receipt, and a self-addressed stamped envelope. This method requires the respondent to sign and return the acknowledgment.
Item 4

Service Provider Details

Verify whether the person serving your papers is exempt from registration, not registered, or a registered process server. Incorrect information can lead to invalid service.
Item 5

Proof of Truthfulness

If you are not a law enforcement official, remember to declare under penalty of perjury that the information provided is true. This is essential for the validity of the proof of service.

What to do after filing form FL-115

1
Confirm that the FL-115 Proof of Service of Summons has been accurately completed and submit it to the court clerk to officially document the service of the summons.
2
Monitor the case docket either online or in-person to ensure that the filed Proof of Service is recorded and accepted by the court.
3
Await a response from the respondent; they have 30 days to file their response with the court after being served.
4
If no response is received from the respondent within the 30-day timeframe, consider filing a Request for Default (form FL-165) with the court.
5
Prepare for any scheduled court dates or hearings by gathering necessary documentation and evidence relevant to your case.
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