CLPS Document Delivery & Service Methods 3 — Questions and Answers
Question 1: When a defendant actively evades service by hiding inside their home after seeing the process server, the server may be able to complete service by:
- Breaking a window to gain entry and place documents inside
- Leaving the documents at the door and announcing service loudly, then filing a return (Correct answer)
- Waiting indefinitely outside the home until the defendant exits
- Reporting evasion to the police for immediate arrest of the defendant
Correct answer: Leaving the documents at the door and announcing service loudly, then filing a return
In many jurisdictions, a process server who announces their purpose and leaves documents at the door of an evading defendant can complete valid constructive service.
Question 2: Service of process on a minor (under 18) is typically handled by:
- Serving the minor directly because they are named in the suit
- Serving only the minor's attorney
- Serving the minor's parent, guardian, or other authorized adult (Correct answer)
- Filing documents with the family court clerk
Correct answer: Serving the minor's parent, guardian, or other authorized adult
Minors generally cannot accept service of process on their own behalf; service must be made upon a parent, legal guardian, or other authorized representative.
Question 3: What is 'service by publication' most commonly used for?
- Serving defendants who live in a different state
- Serving defendants who cannot be located despite diligent search (Correct answer)
- Serving corporate defendants with multiple registered agents
- Serving defendants who are incarcerated
Correct answer: Serving defendants who cannot be located despite diligent search
Service by publication—publishing notice in a newspaper of general circulation—is a last resort used when a defendant's whereabouts are unknown after diligent efforts to locate them.
Question 4: What information is typically NOT required in a proof of service affidavit?
- Date and time of service
- Description of the person served
- The process server's social security number (Correct answer)
- Address where service was effected
Correct answer: The process server's social security number
A proof of service affidavit requires service details like date, time, location, and description of the person served, but never personal identification numbers like a Social Security number.
Question 5: Which federal rule governs service of process in civil actions filed in U.S. District Courts?
- Federal Rule of Civil Procedure Rule 4 (Correct answer)
- Federal Rule of Evidence Rule 803
- 28 U.S.C. § 1331
- Federal Rule of Civil Procedure Rule 11
Correct answer: Federal Rule of Civil Procedure Rule 4
FRCP Rule 4 governs service of process in federal civil actions, specifying who may serve, methods of service, and time limits.
Question 6: A process server completes service by leaving documents with a 15-year-old at the defendant's residence. Is this likely valid?
- Yes, because minors over 12 are always considered persons of suitable age
- It depends on the jurisdiction — some require the recipient to be 18 and others allow persons of suitable age and discretion (Correct answer)
- No, because only adults over 21 can accept substituted service
- Yes, as long as the minor's parent is also notified within 24 hours
Correct answer: It depends on the jurisdiction — some require the recipient to be 18 and others allow persons of suitable age and discretion
Whether a 15-year-old qualifies as a person of 'suitable age and discretion' for substituted service depends on state law, which varies on the minimum age requirement.
Question 7: When serving documents via certified mail in a jurisdiction that allows it, service is typically deemed complete when:
- The process server drops the envelope in the mailbox
- The certified mail tracking shows the envelope was delivered
- The defendant signs and returns the green return-receipt card (Correct answer)
- The post office confirms the letter was not returned undeliverable
Correct answer: The defendant signs and returns the green return-receipt card
For certified mail service, most jurisdictions require the signed return receipt as proof that the defendant actually received the documents.
CLPS Document Delivery & Service Methods 3
When a defendant actively evades service by hiding inside their home after seeing the process server, the server may be able to complete service by: