CLPS Substituted Service 3 — Questions and Answers
Question 1: A process server leaves documents with the defendant's adult roommate at 11 PM. Which concern does this raise?
- Roommates can never accept service
- Late-night service may be prohibited by state statute (Correct answer)
- The roommate must be a family member
- Service is void without the defendant present
Correct answer: Late-night service may be prohibited by state statute
Many states restrict service to certain hours (typically 6 AM–10 PM), so late-night delivery could render the service invalid.
Question 2: In substituted service on an individual at their place of business, who is typically an acceptable recipient?
- Any adult employee on-site
- A manager or person apparently in charge (Correct answer)
- Only the HR department representative
- A security guard at the entrance
Correct answer: A manager or person apparently in charge
At a place of business, service is typically made on a manager or person apparently in charge, not just any employee.
Question 3: What does 'abode service' mean in the context of substituted service?
- Serving the defendant at their vacation property
- Leaving documents at the defendant's usual place of residence (Correct answer)
- Serving via a landlord or property manager
- Service performed at an abandoned dwelling
Correct answer: Leaving documents at the defendant's usual place of residence
Abode service refers to leaving process at the defendant's dwelling house or usual place of abode with a competent person residing there.
Question 4: A process server successfully completes substituted service but fails to mail the follow-up copy. The service is most likely:
- Valid because physical delivery was completed
- Invalid or defective due to the missing mailing step (Correct answer)
- Valid but subject to a penalty fee
- Invalid only if the defendant raises the objection in court
Correct answer: Invalid or defective due to the missing mailing step
When mailing is a statutory requirement for completing substituted service, skipping it renders the service defective and potentially void.
Question 5: Which of the following is a key reason courts require multiple personal service attempts before allowing substituted service?
- To increase revenue from filing fees
- To ensure the defendant receives actual notice whenever possible (Correct answer)
- To give the plaintiff more time to prepare
- To allow the defendant to retain an attorney first
Correct answer: To ensure the defendant receives actual notice whenever possible
Multiple attempts are required because personal service best ensures actual notice, which is the constitutional foundation of due process.
Question 6: When a process server serves a co-habitant at a defendant's home, the server should record which information about that person?
- Their Social Security number
- Their name, approximate age, and physical description (Correct answer)
- Their employer and income
- Their relationship to the defendant only
Correct answer: Their name, approximate age, and physical description
The affidavit of service should include the substitute recipient's name, age, and physical description to establish they were a competent adult at the premises.
Question 7: If a defendant moves after service is completed by substituted service, the service is generally:
- Invalid and must be redone at the new address
- Still valid if properly completed at the address known at the time (Correct answer)
- Valid only if the defendant files a change of address
- Void because substituted service is always temporary
Correct answer: Still valid if properly completed at the address known at the time
Service completed properly at the defendant's known address at the time of service remains valid even if the defendant later relocates.
CLPS Substituted Service 3
A process server leaves documents with the defendant's adult roommate at 11 PM.
Which concern does this raise?