CLPS Ethics and Laws 4 — Questions and Answers
Question 1: Under FRCP 4(e), personal service on an individual in a federal case may be completed by:
- Certified mail only
- Delivering a copy to the individual personally or leaving it at their dwelling with a suitable person (Correct answer)
- Email if the defendant has a known address
- Posting on the courthouse bulletin board
Correct answer: Delivering a copy to the individual personally or leaving it at their dwelling with a suitable person
FRCP 4(e)(2) authorizes delivering documents directly to the individual, leaving them at the dwelling with a person of suitable age and discretion, or delivering to an authorized agent.
Question 2: A process server who witnesses the defendant sign a return receipt for certified mail:
- Has personally served the defendant and may complete a personal service affidavit
- Has no role in the service since certified mail is handled by the postal service (Correct answer)
- Must re-serve because certified mail is never valid personal service
- Can charge an additional fee for witnessing the signature
Correct answer: Has no role in the service since certified mail is handled by the postal service
Certified mail service is handled by the postal carrier; a process server who merely observes the signing cannot convert that into personal service.
Question 3: Which of the following best defines 'substituted service' in the context of process serving?
- Service made by one server acting in place of another server
- Delivering documents to a person other than the named defendant at their home or workplace (Correct answer)
- Filing documents with the court clerk as a substitute for field service
- Sending a text message when the defendant cannot be reached
Correct answer: Delivering documents to a person other than the named defendant at their home or workplace
Substituted service allows delivery to a suitable adult at the defendant's residence or place of business when the defendant cannot be found after due diligence.
Question 4: A state statute requires process servers to be licensed. A server completes service without a current license. The service is most likely:
- Valid because the documents were physically delivered
- Voidable or invalid because the server lacked legal authority to serve (Correct answer)
- Valid if the attorney who hired the server was licensed
- Valid only if the defendant actually received the documents
Correct answer: Voidable or invalid because the server lacked legal authority to serve
Unlicensed service in a state that requires licensure can render the service legally defective, giving the defendant grounds to challenge jurisdiction.
Question 5: What information is typically NOT required on a proof of service affidavit?
- Date, time, and location of service
- The server's personal opinion of the defendant's credibility (Correct answer)
- A description of the person served
- The method of service used
Correct answer: The server's personal opinion of the defendant's credibility
Affidavits of service require factual details about the service event; subjective opinions about the defendant's character are irrelevant and improper.
Question 6: A process server is retained by a debt collector and instructed to serve in a way that frightens the debtor into paying. The server should:
- Follow instructions since the client directs the work
- Refuse and report the request as potential harassment or FDCPA violation (Correct answer)
- Complete service but note the instruction in the file
- Consult the court before proceeding
Correct answer: Refuse and report the request as potential harassment or FDCPA violation
Using service as a tool to intimidate debtors violates the Fair Debt Collection Practices Act and professional ethics; the server must refuse such instructions.
Question 7: Which of the following scenarios most clearly constitutes 'gutter service'?
- Serving documents near a storm drain for safety reasons
- Throwing documents at or near a fleeing defendant after announcing service (Correct answer)
- Serving at an outdoor location in inclement weather
- Mailing documents in an envelope that gets lost
Correct answer: Throwing documents at or near a fleeing defendant after announcing service
Gutter service refers to tossing documents at or near a defendant who is fleeing or refusing; some courts accept it while others require additional steps.
CLPS Ethics and Laws 4
Under FRCP 4(e), personal service on an individual in a federal case may be completed by: