CLPS Personal Service 5 — Questions and Answers
Question 1: When serving a defendant who speaks limited English, a process server should:
- Refuse to serve until translated documents are provided by the court
- Serve the documents and clearly state the nature of the papers, using simple language or an interpreter if available (Correct answer)
- Leave the documents without any explanation
- Delay service until a bilingual officer is present
Correct answer: Serve the documents and clearly state the nature of the papers, using simple language or an interpreter if available
The server should serve the documents and communicate their nature as clearly as possible; the legal obligation to serve is not eliminated by a language barrier.
Question 2: What is 'sewer service,' and why is it considered unethical?
- Serving documents through a building's mail chute without notification
- Falsely claiming to have served a defendant when service was never actually attempted or completed (Correct answer)
- Serving defendants in sewer maintenance areas
- Delivering documents to a municipal building instead of the defendant
Correct answer: Falsely claiming to have served a defendant when service was never actually attempted or completed
Sewer service is the fraudulent practice of filing a false proof of service without actually serving the defendant, depriving them of due process.
Question 3: Which of the following scenarios best illustrates 'personal service' being successfully completed?
- Mailing documents via certified mail with return receipt
- Hand-delivering the summons and complaint to the named defendant at their front door (Correct answer)
- Posting documents at the courthouse
- Emailing the defendant a scanned copy of the documents
Correct answer: Hand-delivering the summons and complaint to the named defendant at their front door
Personal service is classically defined as physically handing the legal documents to the named defendant in person.
Question 4: A process server is hired in State A to serve a defendant located in State B. What credential concern applies?
- The server must be licensed in both states simultaneously
- The server must comply with State B's laws and may need State B licensure or must use a licensed server in State B (Correct answer)
- No credentials are needed for interstate service
- Only federal certification is required for cross-state service
Correct answer: The server must comply with State B's laws and may need State B licensure or must use a licensed server in State B
Service made in another state must comply with that state's laws, which may require the server to be licensed there or to use a locally licensed process server.
Question 5: Which of the following is a valid reason a court might accept late personal service beyond the statutory deadline?
- The plaintiff forgot to hire a process server on time
- The plaintiff shows good cause, such as the defendant actively evading service (Correct answer)
- The attorney was too busy to arrange service
- Service was attempted only once within the deadline
Correct answer: The plaintiff shows good cause, such as the defendant actively evading service
Courts may extend service deadlines for good cause, such as documented evasion by the defendant, but not for attorney negligence or simple oversight.
Question 6: What is the effect of serving the wrong person who shares the defendant's name and address?
- Service is valid because the address was correct
- Service is void because the correct defendant was not actually served (Correct answer)
- The defendant is deemed to have constructive notice
- The court will automatically correct the error
Correct answer: Service is void because the correct defendant was not actually served
Serving the wrong person, even at the correct address, results in void service because the named defendant was never actually served.
Question 7: Which of the following pieces of information is NOT typically required in a standard affidavit of service for personal service?
- Date and time of service
- Physical description of person served
- The defendant's Social Security number (Correct answer)
- Location where service was accomplished
Correct answer: The defendant's Social Security number
A standard affidavit of service does not include the defendant's Social Security number; it records the date, time, location, and description of the person served.
CLPS Personal Service 5
When serving a defendant who speaks limited English, a process server should: