CLPS Ethical Considerations & Professional Conduct 3 — Questions and Answers
Question 1: Under what circumstances may a process server legally enter a gated community to effect service?
- Never — gated communities are private property exempt from process service
- When a resident or security grants access or with a court order (Correct answer)
- Only if accompanied by a law enforcement officer
- Any time during daylight hours without restriction
Correct answer: When a resident or security grants access or with a court order
A process server may enter a gated community when granted access by a resident or guard, or pursuant to a court order authorizing entry.
Question 2: A defendant verbally abuses a process server during service. What is the most professional response?
- Engage the defendant and defend your professional role
- Complete the service, leave safely, and document the encounter (Correct answer)
- Abandon the attempt and report the defendant for harassment
- Call law enforcement immediately before completing service
Correct answer: Complete the service, leave safely, and document the encounter
The professional response is to complete service if safely possible, then leave and thoroughly document the incident in the service record.
Question 3: Which of the following is an example of impermissible 'sewer service'?
- Serving papers in a building's mailroom with permission
- Falsely claiming service was made when the defendant was never found (Correct answer)
- Mailing process after substituted service
- Serving a defendant at their workplace
Correct answer: Falsely claiming service was made when the defendant was never found
Sewer service refers to fraudulently claiming service was completed when it was not, depriving defendants of notice of legal action.
Question 4: A process server is hired to serve a domestic violence restraining order. The subject becomes threatening. What should the server do?
- Push through and complete service immediately
- Withdraw to a safe distance and reassess; contact law enforcement if necessary (Correct answer)
- Inform the subject of the document contents to calm them
- Leave the papers on the ground near the subject and walk away
Correct answer: Withdraw to a safe distance and reassess; contact law enforcement if necessary
Personal safety is paramount; a server should withdraw from a dangerous situation and involve law enforcement as appropriate.
Question 5: What does 'due diligence' mean in the context of process service?
- Making at least one service attempt
- Making reasonable, good-faith efforts to locate and serve the defendant (Correct answer)
- Hiring a private investigator to find the defendant
- Completing service within 24 hours of assignment
Correct answer: Making reasonable, good-faith efforts to locate and serve the defendant
Due diligence requires making honest, persistent, and reasonable efforts to locate and serve the subject before alternative methods are considered.
Question 6: A process server learns from neighbors that the defendant has moved. What is the appropriate next step?
- File the proof of service with the old address
- Investigate the new address and attempt service there (Correct answer)
- Return the papers to the client marked as unservable
- Attempt service on the defendant's family members
Correct answer: Investigate the new address and attempt service there
A diligent process server follows leads to the defendant's new location before abandoning service attempts.
Question 7: Which conduct would most likely result in revocation of a process server's license?
- Serving papers outside normal business hours
- Fabricating service dates on a proof of service (Correct answer)
- Making multiple service attempts at the same address
- Charging fees above the client's initial estimate
Correct answer: Fabricating service dates on a proof of service
Falsifying official court documents such as proof of service is a serious ethical and legal violation that can result in license revocation and criminal charges.
CLPS Ethical Considerations & Professional Conduct 3
Under what circumstances may a process server legally enter a gated community to effect service?