1. File your case in the usual manner (be sure to set the hearing for at least 70 days away to allow time for service of Department of Motor Vehicles (DMV) and out-of-state Defendant).
2. Both copies of the claim are given to the Plaintiff for service.
   1. Mail one copy to DMV along with a $2.00 check for acknowledgment of receipt (this must be mailed to DMV by certified and restricted delivery mail) or you can elect to have DMV personally served by a legal process server. Address:
      

      Attn: Legal Office, E-128
      DMV
      2415 First Avenue
      Sacramento, CA 95818
   2. Once you receive your acknowledgment of receipt from DMV, you then serve the Defendant who resides out of state by either contacting the Sheriff's Department in the area or by hiring a legal process server in that state.
3. The Plaintiff then makes sure that both the acknowledgment of receipt from DMV and the proof of service of the out-of-state Defendant are to be filed with Small Claims Court.

More on Common Types of Cases »