CLPS Substituted Service 5 — Questions and Answers
Question 1: A process server delivers documents to the defendant's adult sibling who lives at the same address. The sibling refuses to take the papers. The server may:
- Force the sibling to hold the documents
- Leave the documents near the sibling after announcing the nature of service (Correct answer)
- Tape the documents to the sibling's body
- Return only when the defendant is home
Correct answer: Leave the documents near the sibling after announcing the nature of service
A process server may set down or leave the documents near a competent adult after clearly announcing the documents' nature, completing what is sometimes called 'drop service.'
Question 2: Which of the following scenarios would most clearly support a valid substituted service?
- Leaving documents with a 15-year-old sibling at the defendant's home
- Leaving documents with the defendant's 25-year-old spouse who lives at the address after three failed personal attempts (Correct answer)
- Sliding documents under the door with no one home
- Mailing documents without any prior in-person attempt
Correct answer: Leaving documents with the defendant's 25-year-old spouse who lives at the address after three failed personal attempts
Leaving documents with an adult spouse who resides at the address after multiple failed personal attempts is the textbook example of valid substituted service.
Question 3: In California, how many attempts at personal service are generally expected before a court will approve substituted service?
- One
- Two
- Three (Correct answer)
- Five
Correct answer: Three
California courts generally expect at least three attempts at personal service at different times before substituted service (per CCP §415.20) will be deemed valid.
Question 4: When a company's registered agent cannot be found, many states allow service on the:
- Company's accountant
- Secretary of State as agent by operation of law (Correct answer)
- Plaintiff's attorney as alternate agent
- Any officer listed on the company website
Correct answer: Secretary of State as agent by operation of law
When a registered agent is unavailable, states typically permit serving the Secretary of State, who acts as a statutory agent for the entity.
Question 5: The affidavit of service for substituted service should include all of the following EXCEPT:
- Date, time, and address of service
- Description of the substitute recipient
- The defendant's bank account information (Correct answer)
- How many prior personal service attempts were made
Correct answer: The defendant's bank account information
An affidavit of service documents the facts of service itself — personal financial details of the defendant are irrelevant and not required.
Question 6: A state statute requires that after substituted service, the mailed copy be sent by 'first-class mail, postage prepaid.' If a process server sends it by email only, the service is:
- Valid if the defendant actually reads the email
- Invalid because the statutory mailing requirement was not met (Correct answer)
- Valid as a cost-saving alternative
- Valid if the court approves email service retroactively
Correct answer: Invalid because the statutory mailing requirement was not met
Substituted service must strictly comply with the statute; substituting email for required first-class mail does not satisfy the statutory requirement and renders service defective.
Question 7: When recording substituted service in the proof of service, the server should describe the substitute recipient's physical appearance because:
- It is required for the recipient's background check
- It helps verify that the recipient appeared to be a competent adult, supporting service validity (Correct answer)
- Courts use it to locate the recipient if needed for testimony
- It satisfies privacy laws requiring recipient identification
Correct answer: It helps verify that the recipient appeared to be a competent adult, supporting service validity
Describing the recipient's apparent age and physical characteristics helps establish for the court that a competent adult actually received the documents.
CLPS Substituted Service 5
A process server delivers documents to the defendant's adult sibling who lives at the same address.
The sibling refuses to take the papers.
The server may: