CLPS Ethics and Laws 3

Question 1

A defendant barricades themselves inside a home and refuses to open the door. Under most state laws, a process server may:

Accepted Answer

Leave the documents at the door after announcing the purpose and noting the refusal

Answer

Many states allow 'nail and mail' or constructive service after a defendant refuses to accept service, with the server documenting the refusal.

Question 2

Which federal law restricts process servers from using deceptive tactics such as impersonating police officers?

Accepted Answer

18 U.S.C. § 912 (impersonating a federal officer)

Answer

18 U.S.C. § 912 makes it a federal crime to impersonate a federal officer, and state analogues prohibit impersonating any law enforcement officer during process service.

Question 3

When serving a corporation, to whom is service typically directed under state statutes and FRCP 4(h)?

Accepted Answer

The registered agent, officer, managing agent, or general agent

Answer

FRCP 4(h) authorizes service on a corporation by delivering papers to a registered agent, officer, managing agent, or general agent.

Question 4

A proof of service affidavit that contains false statements exposes the process server to liability for:

Accepted Answer

Perjury and potential loss of certification

Answer

Because affidavits are sworn statements, false entries constitute perjury and can result in criminal charges, civil liability, and loss of process server certification.

Question 5

What is the primary purpose of the Hague Service Convention for U.S. process servers?

Accepted Answer

Governing the service of process on parties located in foreign member countries

Answer

The Hague Service Convention establishes the procedures for transmitting judicial documents between member countries when parties are located abroad.

(CLPS) Certified Legal Process Server Practice Test

(CLPS) Certified Legal Process Server Practice Test

CLPS Ethics and Laws 3