POS-010 records how the summons and complaint were served. It should identify the defendant, method, recipient, dates, and other required facts accurately. A plaintiff should not fill in unsupported service details merely to obtain default. Compare the proof with the process server’s actual account and correct inconsistencies before relying on the document for a response deadline.
Example: checking service on a driver and a company
A collision lawsuit might name a driver and a delivery company. Keep a separate service record for each defendant. Review who received each packet, which documents the server delivered, and the dates and addresses. A company requires attention to the capacity of the person accepting service. Before using a proof to calculate a response deadline or seek default, compare it with the issued summons and accepted complaint. Ask the server to resolve factual omissions. The lawyer or injured plaintiff should not invent details about an attempt they did not observe.
Documents and facts to assemble
- The server’s actual service notes and completed POS-010
- The docketed proof and a separate response date for the served defendant
Review POS-010 against the service record
Use the process server’s notes to review the proof one field at a time: the party served, papers delivered, recipient, address, method, dates, and any mailing information. A proof is a record of what occurred. If information is missing or conflicts with the notes, obtain clarification from the server rather than filling a gap by assumption.
Practical checklist
- Match the listed documents to the packet actually delivered.
- Compare names, addresses, delivery details, and mailing entries with the server’s records.
- Retain the signed proof and filing confirmation with the defendant’s response calendar.
Final review
A filing confirmation shows that a document reached the court; it does not resolve an inconsistency in the service facts. Review the relevant service-method guide below before relying on the proof to calculate a response date.
Official forms and authorities
- Judicial Council form POS-010
- California Courts: service basics
- CCP 412.20: summons and response
- CCP 415.20: substituted service
- Rule 3.110: service and response
This guide concerns auto accidents and similar personal injury actions in California state court. It does not supply a case-specific deadline calculation or a federal court procedure.
