CLPS State Laws & Regulations Governing Process Serving 2 — Questions and Answers
Question 1: In most states, what is the maximum number of attempts a process server must make before substituted service is permitted?
- One attempt at any time of day
- Two or three attempts at different times (Correct answer)
- Five attempts on consecutive days
- Ten attempts over thirty days
Correct answer: Two or three attempts at different times
Most states require two to three diligent attempts at different times or days before allowing substituted service.
Question 2: Which state requires process servers to be licensed through the Department of Consumer Affairs?
- Texas
- Florida
- California (Correct answer)
- New York
Correct answer: California
California requires process servers who serve six or more papers per year for compensation to register with the county sheriff or be licensed through the Department of Consumer Affairs.
Question 3: Under Florida Statutes, who is authorized to serve civil process in the state?
- Only sheriff's deputies
- Any adult resident over 18
- Certified process servers and sheriff's officers (Correct answer)
- Only attorneys of record
Correct answer: Certified process servers and sheriff's officers
Florida authorizes certified process servers who meet state requirements and sheriff's officers to serve civil process.
Question 4: A process server in Texas attempts service at a defendant's home and finds only a 15-year-old present. What is the correct action?
- Leave the documents with the teenager as a suitable person
- Return another time to attempt personal service (Correct answer)
- Post the documents on the front door
- Contact the clerk of court for instructions
Correct answer: Return another time to attempt personal service
Texas requires service on a person of suitable age and discretion, typically interpreted as an adult, so the server should return when an adult is present.
Question 5: What does a state's 'long-arm statute' primarily govern in the context of process serving?
- The maximum distance a process server can travel
- Jurisdiction over out-of-state defendants (Correct answer)
- The length of time documents must be served before a hearing
- The arm's-length distance required when serving hostile parties
Correct answer: Jurisdiction over out-of-state defendants
Long-arm statutes allow a state's courts to assert jurisdiction over out-of-state defendants who have sufficient minimum contacts with the state.
Question 6: In which situation would a process server most likely need to file a 'non est inventus' return?
- When service is completed successfully on the first attempt
- When the defendant cannot be located despite diligent efforts (Correct answer)
- When service is made on a corporation's registered agent
- When documents are served by certified mail
Correct answer: When the defendant cannot be located despite diligent efforts
'Non est inventus' (Latin: 'not found') is the return filed when a process server cannot locate the defendant after diligent search.
Question 7: Under New York's CPLR, what is the time limit for serving a summons after it is filed?
- 30 days
- 60 days
- 90 days
- 120 days (Correct answer)
Correct answer: 120 days
New York's CPLR Section 306-b requires that a summons be served within 120 days of filing.
CLPS State Laws & Regulations Governing Process Serving 2
In most states, what is the maximum number of attempts a process server must make before substituted service is permitted?