Notice and Acknowledgment of Receipt in California Civil Actions

Q: How does the Notice and Acknowledgment of Receipt work in California civil actions?

The Notice and Acknowledgment of Receipt is a method of service in California civil actions, where the serving party sends the summons and complaint to the opposing party, who must sign and return the acknowledgment within 20 days. This method reduces expenses and provides an opportunity for the serving party to recover costs if the opposing party refuses to cooperate.

How does the Notice and Acknowledgment of Receipt work in California civil actions?

In California civil actions, the Notice and Acknowledgment of Receipt is a method of service that allows the serving party to send the summons and complaint to the opposing party by mail. The serving party must include a copy of the summons and complaint, two copies of the Notice and Acknowledgment of Receipt, and a stamped envelope addressed to themselves. The opposing party must sign and return the acknowledgment within 20 days of its mailing. If the opposing party fails to do so, the serving party can serve notice using an alternate method and seek reimbursement for expenses incurred. The court acquires jurisdiction over a party when the summons is served, but signing and returning the Notice and Acknowledgment of Receipt form does not constitute consent to the court's jurisdiction.

Generally

A party to a California civil action may serve the summons and complaint on an opposing party by serving Notice and Acknowledgement of Receipt. (Code of Civ. Proc. §§ 415.30, 417.10.)

This method reduces expenses by obviating the need to locate and effectuate personal service upon the opposing party and provides for an opportunity to recover expenses if the opposing party refuses to cooperate. (Code Civ. Pro. § 415.30(d).)

"Until statutory [notice] requirements [of notice] are satisfied, the court lacks jurisdiction over a defendant.” (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801.)

Procedure for Notice and Acknowledgment of Receipt

Proper Notice and Acknowledgement Form

The serving party's mailing to the opposing party must include:

One (1) copy of the Summons and Complaint;
Two (2) copies of the Notice and Acknowledgment of Receipt; and
A stamped envelope addressed to the serving party ("SASE").
"Language apprising the opposing party that unless he or she signs and returns the acknowledgment within 20 days [of its mailing], service will be made in some other manner, and defendant held liable for the extra expenses so incurred."

(Code of Civ. Proc. § 1430(b))

The Summons, Complaint, Copies of the Notice and Acknowledgment form and SASE can be mailed by first-class mail or airmail, postage prepaid. (Code Civ. Pro. § 415.30(a).)

The signed Notice and Acknowledgment form must be submitted with the serving party's Proof of Service form. (Code Civ. Pro. §1013 (a) and (e)). Differences between the names and addresses listed on the forms may render service invalid. (Code Civ. Pro. § 527).

The notice requirement is not satisfied even by the defendant's actual knowledge. (Taylor-Rush v. Multitech Corp. (1990) 217 Cal.App.3d 103.)

Statutory methods of service are to be "strictly construed and a court does not acquire jurisdiction where personal service is relied upon but has not in fact taken place." (Kappel v. Bartlett (1988) 200 Cal.App.3d 1457.)

An official form, Notice and Acknowledgment of Receipt form, has been adopted for mandatory use by the Judicial Council. Using the form automatically satisfies the requirements of Code Civ. Pro. § 415.30. (Code Civ. Pro. § 415.30(e).)

Serving Party's Rights

If the Notice and Acknowledgment is signed and returned by the opposing party, the serving party's service is deemed complete on the date the opposing party signs the form. (Code Civ. Pro. § 415.30(c).)

If the opposing party refuses or otherwise fails to return the signed Notice and Acknowledgment of Receipt within 20 days of date the serving party mailed the form (the "Notice and Acknowledgment 20-day period"), the serving party can serve notice under an alternate method authorized by Code of Civil Procedure, Title 5, Chapter 4, Article 3, Manner of Service of Summons ("authorized alternate method of service"). (Code Civ. Pro. § 415.30(d).)

“Service” by e-mail, Facebook, LinkedIn, and overnight mail (without notice and acknowledgment of receipt, pursuant to Section 415.30) are insufficient. (Code Civ. Proc., §§ 415.10, 415.20, 415.30, 415.50,)

Opposing Party's Rights and Obligations

The opposing party must sign and return the Notice and Acknowledgment of Receipt within the Notice and Acknowledgment 20-day period.

Signing a postal service return receipt is not an acknowledgment of receipt of summons. (Tandy Corp. v. Sup.Ct. (Lekoff) (1981) 117 Cal.App.3d 911.)

Absent good cause as determined by the court, an Opposing party who fails to return the signed Notice and Acknowledgement of Receipt within the 20 day period is liable for "reasonable expenses... incurred" by the serving party to effectuate service under an authorized alternate method of service. (Code Civ. Pro. § 415.30(d).) The serving party can make a motion ("with or without notice") for the court to award the expenses, regardless of whether the serving party is otherwise entitled to recover costs in the action. (Code Civ. Pro. § 415.30(d).)

Code Civ. Pro. § 1013 extends certain time periods within which a party can respond to served documents (e.g. service by mail to an address outside of the United States), however none of these extensions apply to the Notice and Acknowledgment 20-day period within which an opposing party must return the signed form. (Code Civ. Pro. § 1013.)

"Except as otherwise provided by statute, the court obtains ‘jurisdiction over a party from the time summons is served on him." (Code Civ. Pro. §410.50.)

However, signing and returning a Notice and Acknowledgement of Receipt form is only a legal acknowledgment the forms were received, it does not acknowledge the legal effect of the forms; for example, it does not constitute the opposing party's consent to the court's jurisdiction. (See, e.g., In Re Marriage of Meredith, 201 P.3d 1056 (1982).)

Documents for Notice and Acknowledgment of Receipt in California

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