Form SC-104: Proof of Service (Small Claims)
Proves the defendant was served. Here is what the form does, when you file it, and the mistakes that cost people their hearing date.
What SC-104 is for
After the court gives you a hearing date, the defendant has to be formally notified, and you have to prove to the court that it happened. SC-104 is that proof. Whoever served the papers signs it — never you — and you file it before the hearing. A case with no valid proof of service on file does not go ahead.
Things to get right
- You cannot serve the papers yourself.
- Use the sheriff, a registered process server, or an adult who is not a party to the case.
- File it with the court before your hearing date, not on the day.
- The server signs under penalty of perjury, so the details must be accurate.
This form is free
SC-104 is a public document published by the Judicial Council of California. You can always download it from the court at no charge, and nobody should sell you the form itself. What we sell is the work around it — getting it filled correctly, knowing where it goes, and what happens next.
Who uses it
The person bringing the claim — the plaintiff.
Where it fits in the process
Before filing
Ask for payment in writing. California expects it, and SC-100 asks you to confirm you did.
Filing
SC-100 opens the case and the clerk assigns a hearing date. FW-001 if the fee is unaffordable.
Service
SC-104 proves the defendant was notified. Without it the hearing does not go ahead.
Hearing and judgment
The court issues SC-130, the Notice of Entry of Judgment.
Collecting
Start with a demand letter
Most California small claims cases settle before anyone sees a courtroom. The letter is free to write, and you can have us print and certified-mail it for $29.
No account needed to start. We are not a law firm and cannot give legal advice.
Related pages
- Form SC-100: Plaintiff's Claim and ORDER to Go to Small Claims Court
- Form SC-104B: What Is "Proof of Service"?
- Form SC-104C: Proof of Mailing (Substituted Service)
- Form SC-120: Defendant's Claim and ORDER to Go to Small Claims Court
- Form SC-130: Notice of Entry of Judgment (Small Claims)
- Form SC-133: Judgment Debtor's Statement of Assets
- All California small claims forms