CLPS Personal Service 2 — Questions and Answers
Question 1: When serving a defendant who refuses to physically take the documents, a process server should:
- Leave immediately and report the refusal to the court
- Place the documents near the defendant and announce the nature of the papers (Correct answer)
- Mail the documents as an alternative method
- Wait until the defendant agrees to accept
Correct answer: Place the documents near the defendant and announce the nature of the papers
Leaving documents near a refusing defendant and announcing their nature constitutes valid personal service in most jurisdictions.
Question 2: Which of the following best describes 'substitute service' compared to personal service?
- It is always preferred over personal service
- It involves leaving documents with a qualified person at the defendant's residence when direct service fails (Correct answer)
- It means mailing documents certified mail only
- It requires court approval before any attempt at personal service
Correct answer: It involves leaving documents with a qualified person at the defendant's residence when direct service fails
Substitute service is a secondary method used when personal service cannot be accomplished, typically involving delivery to a co-resident of suitable age.
Question 3: A process server attempts service at a defendant's home three times without success. What is the recommended next step in most jurisdictions?
- File a motion to dismiss the case
- Consult the attorney and consider alternative service methods or skip tracing (Correct answer)
- Immediately request court approval for publication service
- Leave the documents in the defendant's mailbox
Correct answer: Consult the attorney and consider alternative service methods or skip tracing
After multiple failed attempts, the process server should consult the retaining attorney to explore alternative service methods or skip tracing to locate the defendant.
Question 4: Which identification method is most appropriate for confirming a defendant's identity before serving process?
- Relying solely on physical description from the complaint
- Asking neighbors if the person matches the name
- Requesting a government-issued photo ID and comparing it with case information (Correct answer)
- Assuming identity based on the address alone
Correct answer: Requesting a government-issued photo ID and comparing it with case information
Requesting government-issued photo ID is the most reliable method to confirm a defendant's identity before service.
Question 5: In which situation would personal service on a corporation most commonly be accomplished?
- Leaving documents at any company location
- Serving a registered agent, officer, or managing agent of the corporation (Correct answer)
- Mailing documents to the corporate headquarters
- Posting documents on the front door of the business
Correct answer: Serving a registered agent, officer, or managing agent of the corporation
Personal service on a corporation is effected by serving its registered agent, officer, or managing agent as designated by law.
Question 6: What does 'diligent search' mean in the context of personal service attempts?
- Searching court records for the defendant's prior cases
- Making reasonable, documented efforts to locate and serve the defendant (Correct answer)
- Hiring a private investigator to locate the defendant
- Contacting the defendant's last known employer only
Correct answer: Making reasonable, documented efforts to locate and serve the defendant
Diligent search refers to making reasonable, documented efforts to locate and personally serve a defendant before seeking alternative service methods.
Question 7: A process server successfully serves documents on a defendant at their workplace. Which of the following should be included in the affidavit of service?
- Only the defendant's name and the date
- Name of defendant, date, time, location, description of person served, and documents served (Correct answer)
- A copy of the defendant's ID and a witness signature
- Only the address and the type of documents
Correct answer: Name of defendant, date, time, location, description of person served, and documents served
A complete affidavit of service must include the defendant's name, date, time, location, description of person served, and the documents that were served.
CLPS Personal Service 2
When serving a defendant who refuses to physically take the documents, a process server should: