In California and most other states, it is not uncommon for process servers to utilize “drop service” in achieving effective service of process. Drop service is often used when an individual being served with legal documents avoids service of process.
Such individuals will actively elude process servers in the hope of not being summoned to court. Nevertheless, their actions are futile because experienced process servers know countless techniques to achieve effective service of process.
Read on to learn more about the legal requirements needed to complete “drop service” upon a party that avoids service of process.
How does drop service occur?
Drop service occurs when a process server places legal documents within the immediate vicinity of the person being served. The party who is being served can either pick-up the documents, or completely ignore them. Service of process will be deemed effective even if the party ignores the documents.
The process server will need to file a declaration with the court explaining in detail the server’s diligent attempt to personally serve the party. The server’s declaration must show a good faith attempt of informing the party being served that the papers were being delivered to the party due to a pending legal proceeding.
Because documents cannot be forced upon an individual’s person for obvious legal reasons, drop service effectively allows for service of process to be achieved.
Exceptions to Drop Service
California law requires the documents served to be visible to the party being served. This means the documents cannot be dropped served in a sealed envelope. The party must actually see the documents.
Savvy process servers have been known to take pictures of the legal documents being placed in the immediate vicinity of a party who refuses service. Such pictures may be used as evidence if service is objected to during a legal proceeding.
If you have questions or concerns regarding drop service of process, contact Direct Legal Support, Inc. for more information. Direct Legal Support, Inc. can serve any paper or any legal document anywhere in the United States. If you need assistance, contact us today. We are here to help you with service of process. If you found this article informative, please feel free to share with others.