CLPS Substituted Service 4

Question 1

A defendant maintains two residences. For substituted service, the process server should serve at:

Accepted Answer

Either address, but the server must document which was used

Answer

Service at either known residence can be valid, but the server must document precisely which address was used in the affidavit of service.

Question 2

Which standard must a process server meet when describing 'reasonable diligence' in attempts before substituted service?

Accepted Answer

Multiple attempts at different times of day and days of week

Answer

Reasonable diligence typically means attempting service at varied times and days to maximize the chance of finding the defendant at home or work.

Question 3

Under the Federal Rules of Civil Procedure, substituted service on an individual is governed primarily by:

Accepted Answer

The law of the state where service is made or the state where the district court sits

Answer

FRCP Rule 4(e) allows service by following state law for serving process in the state where the district court is located or where service is made.

Question 4

A process server leaves documents with a person who identifies themselves as the defendant's housekeeper at the defendant's home. This service is most likely:

Accepted Answer

Valid if the housekeeper is an adult who appears to reside there

Answer

Most substituted service rules require the recipient to be an adult who resides at the dwelling; a non-resident housekeeper typically does not qualify.

Question 5

Which of the following actions would most likely cause a court to quash (invalidate) a substituted service?

Accepted Answer

Serving without first making any attempt at personal service

Answer

Courts will invalidate substituted service if the server failed to first demonstrate reasonable diligence through attempts at personal service.

(CLPS) Certified Legal Process Server Practice Test

(CLPS) Certified Legal Process Server Practice Test

CLPS Substituted Service 4