CLPS Substituted Service 5

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:

Accepted Answer

Leave the documents near the sibling after announcing the nature of service

Answer

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?

Accepted Answer

Leaving documents with the defendant's 25-year-old spouse who lives at the address after three failed personal attempts

Answer

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?

Accepted Answer

Three

Answer

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:

Accepted Answer

Secretary of State as agent by operation of law

Answer

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:

Accepted Answer

The defendant's bank account information

Answer

An affidavit of service documents the facts of service itself — personal financial details of the defendant are irrelevant and not required.

(CLPS) Certified Legal Process Server Practice Test

(CLPS) Certified Legal Process Server Practice Test

CLPS Substituted Service 5