CLPS Service of Process 2 — Questions and Answers
Question 1: When a defendant is served by substituted service at their home, who is considered an appropriate person to leave the documents with?
- A minor child under 10 years old
- A person of suitable age and discretion residing at the address (Correct answer)
- Any neighbor at an adjacent property
- The mail carrier delivering to the address
Correct answer: A person of suitable age and discretion residing at the address
Substituted service requires leaving documents with a person of suitable age and discretion who resides at the defendant's dwelling or usual place of abode.
Question 2: What is the primary purpose of the 'proof of service' (affidavit of service) document?
- To bill the client for services rendered
- To provide a sworn statement documenting how, when, and where service was completed (Correct answer)
- To notify the defendant that a lawsuit has been filed
- To request a continuance from the court
Correct answer: To provide a sworn statement documenting how, when, and where service was completed
The proof of service is a sworn affidavit that creates a legal record of the manner, date, time, and location of service, which the court relies on to confirm proper notice.
Question 3: A process server attempts service at a business address but the establishment is closed. What is the most appropriate next step?
- Leave the documents taped to the front door immediately
- Return at different times to attempt personal service during business hours (Correct answer)
- Send the documents by regular mail and consider service complete
- File a motion for default judgment
Correct answer: Return at different times to attempt personal service during business hours
Due diligence requires making multiple attempts at varied times before resorting to alternative service methods.
Question 4: Which of the following individuals CANNOT be served on behalf of a corporation?
- The registered agent
- A general manager
- A receptionist with no managerial authority (Correct answer)
- An officer of the corporation
Correct answer: A receptionist with no managerial authority
Corporate service requires delivery to an authorized agent, officer, or managing agent — a receptionist with no managerial role does not qualify.
Question 5: What does 'evasion of service' refer to in process serving?
- The defendant filing a motion to quash service
- A defendant deliberately avoiding or hiding to prevent receipt of legal documents (Correct answer)
- A process server skipping required attempts
- The court rejecting an affidavit of service
Correct answer: A defendant deliberately avoiding or hiding to prevent receipt of legal documents
Evasion of service occurs when a defendant intentionally avoids being served, which courts may consider when authorizing alternative service methods.
Question 6: When performing 'nail and mail' service, what are the two required steps?
- Photographing the property and mailing a copy to the court
- Affixing documents to the door and mailing a copy to the defendant's last known address (Correct answer)
- Notifying police and mailing documents to the plaintiff's attorney
- Leaving documents with a neighbor and filing an affidavit
Correct answer: Affixing documents to the door and mailing a copy to the defendant's last known address
Nail and mail service requires affixing the documents to the defendant's door and then mailing a copy to the defendant, with both steps typically required by court order.
Question 7: A process server successfully serves a defendant but the defendant refuses to take the documents and throws them on the ground. Is service considered complete?
- No, the defendant must physically hold the documents for service to be valid
- Yes, service is complete once the documents are placed within the defendant's presence after identification (Correct answer)
- No, the server must retrieve the documents and attempt service again
- Yes, but only if the server videotaped the interaction
Correct answer: Yes, service is complete once the documents are placed within the defendant's presence after identification
Once a defendant is identified and documents are placed in their presence or vicinity, refusal to accept does not invalidate service — the server has fulfilled their duty.
CLPS Service of Process 2
When a defendant is served by substituted service at their home, who is considered an appropriate person to leave the documents with?