CLPS Service of Process 5 — Questions and Answers
Question 1: What is the significance of the 'time stamp' on an affidavit of service when multiple service attempts are made?
- It determines the server's billing rate for the assignment
- It establishes a chronological record proving due diligence in completing service (Correct answer)
- It sets the countdown for the defendant's response deadline
- It is required only for service on government agencies
Correct answer: It establishes a chronological record proving due diligence in completing service
Accurate timestamps on each attempt document due diligence and can be essential if service is later challenged or if the court must evaluate whether alternative service is warranted.
Question 2: A defendant has a known P.O. Box but no confirmed physical address. Can personal service be completed at a P.O. Box?
- Yes, postal workers can accept service on the box holder's behalf
- No, personal service requires delivery to a physical location where the defendant can be found (Correct answer)
- Yes, if the process server mails documents via certified mail to the P.O. Box
- No, but the postal service is required to reveal the physical address upon request
Correct answer: No, personal service requires delivery to a physical location where the defendant can be found
Personal and substituted service require a physical location; a P.O. Box is a mail-receiving address only and cannot serve as the site of personal service.
Question 3: How does serving process on an active-duty military servicemember differ from serving a civilian?
- Military members cannot be served while deployed overseas under any circumstances
- The Servicemembers Civil Relief Act (SCRA) may allow active-duty members to request a stay of proceedings (Correct answer)
- Military members must be served only on base by authorized military personnel
- There are no differences — military members are treated identically to civilians
Correct answer: The Servicemembers Civil Relief Act (SCRA) may allow active-duty members to request a stay of proceedings
The SCRA provides active-duty servicemembers the right to request a court stay (postponement) of civil proceedings when military service materially affects their ability to respond.
Question 4: When serving a partnership (as opposed to a corporation), who is an appropriate person to receive service?
- Any employee of the partnership at their place of business
- A general partner or a person authorized to accept service on the partnership's behalf (Correct answer)
- The silent/limited partners only, since they own the assets
- Only the partnership's registered agent with the Secretary of State
Correct answer: A general partner or a person authorized to accept service on the partnership's behalf
For partnerships, service is properly made upon a general partner or an agent specifically authorized to accept service, as general partners have authority to act on behalf of the entity.
Question 5: What is the difference between 'original process' and 'subsequent process' in the context of service?
- Original process initiates a lawsuit (summons/complaint); subsequent process includes orders or subpoenas issued after the case is filed (Correct answer)
- Original process is served by mail; subsequent process must be served personally
- Original process applies only in federal court; subsequent process is for state courts
- Original process is for criminal cases; subsequent process is for civil cases
Correct answer: Original process initiates a lawsuit (summons/complaint); subsequent process includes orders or subpoenas issued after the case is filed
Original process (summons and complaint) initiates litigation, while subsequent process refers to additional legal documents (orders, subpoenas, writs) issued after the case is already underway.
Question 6: A process server discovers mid-service that the documents contain an incorrect address for the defendant. What is the correct action?
- Complete service anyway and note the error in the affidavit
- Return the documents to the attorney without serving and notify them of the error (Correct answer)
- Correct the address by hand on the documents and proceed with service
- Serve at the incorrect address and file a motion to correct the record
Correct answer: Return the documents to the attorney without serving and notify them of the error
A process server should not alter legal documents or serve defective papers; the correct course is to return them to the issuing attorney for correction before service is attempted.
Question 7: What is 'acknowledgment of service' (also called 'waiver of service') and what incentive does it give defendants?
- A court order compelling defendants to accept service immediately
- A procedure where defendants voluntarily confirm receipt of process, often in exchange for additional time to respond (Correct answer)
- An agreement by the plaintiff to waive certain procedural requirements
- A form signed by the process server confirming the defendant evaded service
Correct answer: A procedure where defendants voluntarily confirm receipt of process, often in exchange for additional time to respond
Waiver of service allows defendants to acknowledge receipt voluntarily by mail or email, typically in exchange for a longer response deadline, avoiding the formality of personal service.
CLPS Service of Process 5
What is the significance of the 'time stamp' on an affidavit of service when multiple service attempts are made?