The court-ready document that proves your papers were served.
Also called affidavit of service, certificate of service, return of service, or in California POS-040. Without one your case can’t move forward. Servd prepares yours from the server’s GPS-stamped attempts and a human reviewer signs off before it’s e-mailed back to you.
A proof of service is a sworn declaration, signed under penalty of perjury, in which the process server states who was served, what documents were served, where, when, and how they were served. It is filed with the court so the judge knows the defendant had proper notice and the case can proceed.
When proof of service matters
Almost every motion, default, or judgment downstream of the original complaint depends on a valid proof of service being on file. A few of the common ones:
Default judgment
Filing a default in California (CRC 3.1800) requires the proof of service on file. Without it the clerk rejects the default.
Motion to dismiss for improper service
Defendants challenging service of process need the POS to point at specific failures (address, person served, time).
Bankruptcy + collections
FDCPA / state debt-collection rules require proof every party got notice. Bank levy + wage-garnishment paperwork rests on the POS.
Divorce + family law
CA Family Code 215 requires proof of service on the other spouse before the court hears most motions. POS-040 + POS-030 (acknowledgement) are typical.
What appears on a proof of service
California uses Judicial Council form POS-040 for personal service and POS-020 for mail service. Other states use their own forms but the required information is the same:
- Case caption (court, case number, parties)
- Identity of the person served (name, relationship to defendant if sub-served)
- Documents served (verbatim title list)
- Address where service occurred
- Date + time of service, to the minute
- Method of service (personal, substituted, posting, mail)
- Server's license + registration number (CA: CCP §22440)
- Server's declaration under penalty of perjury (CCP §2015.5)
- Server's signature
How Servd prepares your proof of service
AI drafts the language. A human reviewer signs off. The licensed server signs it. Three checks, one workflow.
Server logs the attempt
GPS-stamped check-in on arrival. Server dictates what happened — who answered the door, what they said, what was handed over. Voice transcript goes to the server's phone.
AI drafts the POS language
Claude reads the transcript + every prior attempt and drafts the POS-040 language. State-specific (CCP §415.20 for substituted, §415.45 for posting). Server reviews on the same screen.
Human reviewer checks it
A trained ops reviewer compares the draft against the server's notes + photos. Catches transcription errors, missing fields, wrong form (POS-040 vs POS-020). This step is non-skippable.
Server signs + delivers
Server signs under penalty of perjury (CCP §2015.5). PDF + court-ready original mailed to your office same day. Signed copy available on /me/cases for download forever.
Quality checks before signing
A bad POS gets rejected by the court clerk and your case stalls. We catch the common errors before the server signs:
Caption matches the complaint exactly
Service time-stamped to the minute, GPS verified
Server's license + bond verified before dispatch
CCP §2015.5 declaration language pre-filled correctly
Common mistakes (and how we avoid them)
Wrong form for the method
Personal service uses POS-040; service by mail uses POS-020; sub-service still uses POS-040 with the additional sub-service declaration. Clerks reject the wrong form even when the underlying service was valid.
Time of day missing
CCP §2015.5 requires the date and time. Most rejections we have seen are POSes that say "April 3rd" instead of "April 3rd at 2:14 PM". GPS-stamped timestamps eliminate this.
Service on the wrong corporate agent
For corporate defendants the POS must list the registered agent OR an authorized officer (CCP §416.10). Random employees do not count even if they accepted the papers.
Sub-service POS missing the mail-back declaration
CCP §415.20 substituted service requires the mailed copy AND a declaration on the POS stating the mail date + address. Half of clerk rejections we see are missing this declaration.
FAQ
How fast do I get the proof of service after service is complete?
Same day. Server signs in the field, our reviewer countersigns within a few hours, PDF lands in your /me/cases page. The court-ready original is mailed first-class the same day.
What if the defendant says they were never served?
The GPS-stamped attempt log + the signed POS-040 + voice transcript of the server's account are the evidence. A motion to quash service usually fails when this trail exists.
Can I e-file the POS myself?
Yes. We send the PDF; you upload to TurboCourt / Odyssey / whichever your county uses. If you want us to e-file, courier add-on is $25.
What if you mess something up?
Re-service is on us. Money back if the proof of service is rejected by the court for a Servd-side mistake (form, missing field, declaration language).