Service of Process

Which of the following scenarios does not invalidate service of process?

• Plaintiff hands the Summons and Complaint directly to the defendant.

• The defendant cannot be located, so the process server gives the Summons and Complaint to the babysitter of her kids.

• The Summons and Complaint is served on a Sunday.

• The Summons and Complaint is delivered to the wrong person.

Substituted Service involves which of the following?

• A non-party directly hands the Summons and Complaint to the defendant.

• A non-party hands the Summons and Complaint to a responsible adult at the residence of defendant.

• A non-party hands the Summons and Complaint to a responsible adult at the residence of defendant and then mails a copy of the same to the home and place of business within 20 days.

• The Summons and Complaint are affixed to the door of the defendant and copies are mailed to both the last known residence and last known place of business of defendant.

What can happen if a defendant is properly served and does not respond with an Answer to the Summons and Complaint?

• The plaintiff can make a motion for a Default Judgment against the defendant.

• The plaintiff is out of luck and cannot be compensated for the damages they suffered.

• The plaintiff can make a motion to dismiss the case.

• The plaintiff can make a motion to vacate the default judgment.

What is an Affidavit of Service?

• A sworn statement by the server of process (for plaintiff) that they properly delivered the Summons and Complaint to the defendant.

• A sworn statement by the defendant that they did not receive service of process correctly.

• A sworn statement by an attorney that they provided the best legal service of which they were capable.

• A sworn statement by the defendant that they are not liable in the lawsuit.

Why do you think a plaintiff in a case is not allowed to personally hand over a Summons and Complaint (or any other court papers) directly to a defendant? What do you think is the policy reason for this rule?

What can a defendant do if the plaintiff was granted a Default Judgment by a court?

• Make a Motion for Summary Judgment.

• Make a Motion to Dismiss.

• Make a Motion to Appease The Court.

• Make a Motion to Vacate the Default Judgment.

Which could be valid reason(s) for a court to grant a Motion to Vacate a Default Judgment?

• The defendant never actually received the Summons and Complaint.

• The Summons and Complaint were delivered to a different adult when the defendant was actually present.

• The Summons and Complaint served by the Plaintiff severely misspelled the defendants' names.

• The defendant wasn't available so the Summons and Complaint were delivered by a third party to the defendant's sixteen year old son as well as mailed out to defendant's home and place of business within 20 days.

What entities are likely to appoint a Designated Agent for accepting service of process?

• The average person.

• A company.

• A person who gets sued often.

• A person who is trying to avoid being sued for divorce.