California Form FL 115 Proof of Service of Summons Instructions
Disclaimer! The contents of this video and on this webpage provides a general overview. The material in this video and on this webpage are for educational purposes only, is not tailored to address your specific needs, and does not constitute legal advice. The information/answers we provide in this video or on this webpage are not specific to your case as we do not know your case facts. Do not rely on any information presented on this webpage to make decisions regarding your California divorce. Again, the information presented herein is not legal advice. Consult with an attorney to obtain legal advice about your divorce.
Form FL 115 should be completed by a person over the age of 18 who serves the petition and summons on your spouse (the respondent). The person serving the documents cannot be a party to the divorce. This means you cannot serve the documents personally on your spouse. Once your spouse is served with the above referenced document, form FL 115 must be completed and filed with the court clerk.
Referring back to the sample petitioner I have been using, William Richardson will have to provide his personal information on the heading of the form. He must also insert the courthouse location information in which the matter is assigned. William must also insert the case number the court clerk provided him when he filed the petition. This number must appear on all subsequent court forms filed with the court and exchanged on the opposing party.
The most important thing about completing form FL 115 is that the person who served the documents must fill it out.
Box 1a indicates that the process server has served form FL 100, FL 110 and Fl 120 on the respondent. Note, the server must serve a blank response on the respondent to complete. Form FL 105 and FL 311 is served when minor children are part of the divorce. The server must mark box d1 and any other applicable boxes here referencing documents served.
Next, the server must list the address in which he/she served the respondent. There are three ways the respondent can be served: personal service, substituted service, or service by mail with an accompanying Notice and Acknowledgement of Receipt. The most effective way to achieve process service is by personally serving the respondent with the divorce petition and summons. The server will have to list the date and time the respondent was served. If the server is unable to serve the respondent at home, he/she can attempt to serve the respondent at work or provide the documents to another household member of the respondent.
If the petition and summons are mailed to the respondent by the server, he/she must also include a completed Notice and Acknowledgment of Receipt, Form FL 117. This must be completed signed by the respondent.
In section four, the server must provide his/her address. In regards to our sample server, Terrance has listed his contact information. Because Terrance is not a registered server, he must mark box b.
Finally Terrance will have to declare under the penalty of perjury that all of the information included in form FL 115 regarding service of process is true. Terrance must date and sign the proof of service for it to be valid.
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