CLPS Document Delivery & Service Methods 2 — Questions and Answers
Question 1: When serving a corporation, which individual is generally authorized to accept service of process?
- Any employee present at the business address
- A registered agent, officer, or managing agent of the corporation (Correct answer)
- The company's attorney of record only
- The highest-ranking employee on duty
Correct answer: A registered agent, officer, or managing agent of the corporation
Service on a corporation is valid when made upon a registered agent, officer, director, or managing agent authorized to accept service.
Question 2: What is 'nail and mail' service?
- Posting documents on the courthouse bulletin board and mailing copies
- Affixing documents to the door of the defendant's residence and mailing copies (Correct answer)
- Sending documents by certified mail with return receipt
- Filing documents with the court clerk by express mail
Correct answer: Affixing documents to the door of the defendant's residence and mailing copies
Nail and mail service involves affixing documents to the front door of the defendant's home or usual place of abode and mailing copies to the same address.
Question 3: A process server attempts service at a defendant's home three times but the defendant is always absent. What is typically the next authorized step in most jurisdictions?
- File a motion to dismiss the case
- Request court authorization for alternative service (Correct answer)
- Leave documents with a neighbor and consider service complete
- Post documents at the county courthouse
Correct answer: Request court authorization for alternative service
After multiple failed attempts, a process server typically must seek court approval for an alternative method such as publication or nail-and-mail service.
Question 4: Which statement best describes 'abode service' (also called substituted service)?
- Service completed by leaving documents with the defendant's employer
- Service completed by leaving documents with a person of suitable age at the defendant's residence (Correct answer)
- Service completed by mailing documents to the defendant's last known address
- Service completed by publishing notice in a local newspaper
Correct answer: Service completed by leaving documents with a person of suitable age at the defendant's residence
Abode service is accomplished by leaving documents with a person of suitable age and discretion residing at the defendant's usual place of abode.
Question 5: What does the term 'return of service' refer to?
- The defendant's response to being served with legal papers
- The sworn affidavit filed by the process server confirming how and when service was completed (Correct answer)
- The court's notification to the plaintiff that service was accepted
- The refusal by a defendant to accept service
Correct answer: The sworn affidavit filed by the process server confirming how and when service was completed
A return of service is the sworn affidavit or proof-of-service document filed with the court detailing the manner, date, time, and location of service.
Question 6: Under federal rules, how many days does a defendant generally have to waive formal service of process after being notified by mail?
- 14 days
- 21 days
- 30 days (Correct answer)
- 60 days
Correct answer: 30 days
Under FRCP Rule 4(d), a defendant has 30 days from the date the request was sent to return a waiver of service.
Question 7: Which type of service is typically considered most reliable and is preferred by courts when it is possible?
- Service by publication
- Personal (in-hand) service directly to the defendant (Correct answer)
- Nail and mail service
- Service by first-class mail alone
Correct answer: Personal (in-hand) service directly to the defendant
Personal service—delivering documents directly into the defendant's hands—is the most reliable and preferred method because it eliminates doubt about receipt.
CLPS Document Delivery & Service Methods 2
When serving a corporation, which individual is generally authorized to accept service of process?