Question by  chachi (21)

Can a process server leave a summons at a friend's house?


Answer by  Richard88 (391)

No. A summons must be delivered to the person being served with some degree of certainty, which requires in-person delivery or certified mail delivery. The court must be certain that the person has been genuinely notified of the court action, and casual delivery will not meet this standard.


Answer by  scott63 (140)

In some cases a summons can be sub-served. It is always best to serve the person himself, but after many attempts, the lawyers will agree to sub-serve with a signiture and description of the person signing.


Answer by  LSoares337 (24)

A summons must be delivered directly to the person named in the summons. In the event that personal delivery is impossible or that the person is unavailabel, the summons must be mailed to the last known address for the person. It cannot be left with a friend or relative.


Answer by  sonorasun (174)

A process server cannot leave a summons for you at a neighbor's house. In order for a summons to be legally delivered, the process server must directly hand the summons to the person named on the summons.


Answer by  Missmelissa (69)

The process server must hand the summons to the exact individual on the form. There can be no deviation from this. They cannot guarantee that the person being summoned received the document otherwise and therefore would be responsible for their non-attendance; not the individual.


Answer by  cima (7)

My sister got ambushed! Process server was her ex's friend. Called her into the living room and served her papers for joint custody. Is this a conflict of interest?

Reply by cima (7):
forgot to add it was the ex's living room (never married).  add a comment
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