CLPS Substituted Service 2 — Questions and Answers
Question 1: When attempting substituted service at a residence, which person is generally NOT considered a suitable substitute recipient?
- A spouse who resides there
- A co-tenant of legal age
- A minor child under 18 (Correct answer)
- An adult relative living at the address
Correct answer: A minor child under 18
Minor children are not competent to receive substituted service because they lack the legal capacity to understand or transmit legal documents.
Question 2: After completing substituted service, the process server must typically:
- File a notice of service with the court immediately
- Mail a copy of the documents to the defendant's address (Correct answer)
- Obtain a signed receipt from the substitute recipient
- Return to verify the defendant received the documents
Correct answer: Mail a copy of the documents to the defendant's address
Most jurisdictions require a follow-up mailing to the defendant's address after substituted service to ensure notice reaches the intended party.
Question 3: The legal requirement that a process server make genuine attempts to personally serve a defendant before resorting to substituted service is called:
- Due process obligation
- Reasonable diligence (Correct answer)
- Service exhaustion
- Mandatory attempt protocol
Correct answer: Reasonable diligence
Reasonable diligence requires that the server make genuine efforts at personal service before substituted service is permitted.
Question 4: Which of the following best describes 'nail and mail' service?
- Attaching documents to a bulletin board and emailing copies
- Affixing documents to the defendant's door and mailing copies (Correct answer)
- Nailing a notice to a courthouse door and mailing to last known address
- Using a nail gun tool to post documents followed by certified mail
Correct answer: Affixing documents to the defendant's door and mailing copies
'Nail and mail' refers to affixing process documents to the defendant's front door and then mailing copies to that address.
Question 5: Substituted service on a corporation is most properly made by serving:
- Any employee present at the office
- The company's registered agent (Correct answer)
- The highest-ranking officer present
- The receptionist or front desk staff
Correct answer: The company's registered agent
Corporations must generally be served through their registered agent, who is the legally designated person to receive process on the company's behalf.
Question 6: If a defendant intentionally avoids service by staying inside their home, a process server may in some jurisdictions serve by:
- Breaking into the home to deliver documents
- Leaving documents with a neighbor and mailing copies
- Announcing service through a bullhorn outside the residence (Correct answer)
- Filing for electronic service immediately
Correct answer: Announcing service through a bullhorn outside the residence
Some jurisdictions allow constructive service by announcing service audibly at the residence when a defendant is evading service by remaining inside.
Question 7: Which document does a process server complete to formally record the details of a substituted service attempt?
- Writ of execution
- Proof of service (affidavit of service) (Correct answer)
- Notice of appearance
- Certificate of diligence only
Correct answer: Proof of service (affidavit of service)
The proof of service (or affidavit of service) is the sworn document the server completes detailing who received documents, when, where, and how.
CLPS Substituted Service 2
When attempting substituted service at a residence, which person is generally NOT considered a suitable substitute recipient?