How Many Attempts Does a Process Server Make?

Generally, process servers attempt to serve legal documents at least three times before they seek permission for alternative methods. The number of required attempts may vary from state to state. The number of attempts a process server makes can also depend on factors such as the nature of the case, its urgency, and the recipient’s cooperation.

With over 16 years of experience, On-Call Legal Process Servers understand all the rules and requirements for services of process in California and nationwide. Our experienced process servers are always available to help you deliver your court documents to the right person anywhere in the country. Schedule a free consultation with us to discuss your needs and guide you throughout the process.

In this blog, we’ll discuss the factors that determine how many attempts a process server makes, what happens if they can’t deliver the documents, what happens if the recipient does not respond, and much more.

How Many Times Will a Process Server Try to Serve You?

A process server is a person who delivers legal documents, such as subpoenas, summonses, complaints, or court orders, to individuals involved in a legal case. They ensure the recipient receives proper notification about legal proceedings or actions. But as mentioned earlier, sometimes it takes more than one attempt to serve papers successfully. Therefore, a process server might need to attempt service multiple times before completing it.

Most process servers will make at least three attempts to serve you. But there’s no particular limit to the number of times they can try. The goal is to be sure the server makes reasonable efforts to locate and serve the intended recipient.

Factors That Determine the Number of Attempts

How many attempts a process server makes depends on various factors ranging from the type and urgency of service to state laws and regulations. The various factors include the following:

1. State and Local Laws- The rules around how legal papers are served vary from state to state. In this context, some states specify how many attempts a server must make before they can try alternative service methods. For example, process servers in California usually attempt personal service for a minimum of three times before asking the court to approve other service methods. To be safe, you should confirm the minimum number of service attempts required in your jurisdiction.
2. Nature of the Case- For civil cases such as personal injury claims or debt collection, process servers attempt multiple times. But for more urgent cases, such as eviction notices or restraining orders, the process server may get permission from the court to make more attempts within a short timeframe. If the case involves criminal charges, process servers may have to make more aggressive efforts to locate and serve the defendant. Additionally, the shorter the deadline, the more attempts within a short time.
3. Location and Accessibility- If the recipient lives in a place that is easy to locate or access, it will be easier for the process server to make multiple attempts at different times of the day. Moreover, a process server can serve you at work if your workplace is accessible. They may also come to any place where you’re often found, increasing the number of attempts they make to serve you.
4. Defendant’s Behavior- Certain attitudes, such as refusing to answer the door or providing a false address, may be a sign that the defendant is intentionally avoiding service. In such cases, the court may grant immediate permission for alternative methods of service. Meanwhile, the process server may document these behaviors to support their claims that the recipient is avoiding service.
5. Client Instructions and Cost of Process Service- The serving party usually specifies to the process server how many service attempts they want to make. This is usually based on what their budget can afford. If the case is particularly important, the client may authorize a private process server to make additional efforts to locate the defendant, which implies additional costs. On the other hand, some clients may go for a lower number of attempts to save on costs as long as they reach the minimum number of attempts required.

How Many Times Can a Process Server Come to Your House?

While there may not be a definitive standard, it is customary for most professional process servers to undertake a minimum of three attempts before considering alternative methods. These visits aren’t random. They’re usually spread out at different times of day and sometimes even on different days of the week. The idea is to show the court that the server genuinely tried to reach you in person. If they knock once in the afternoon and never come back, that wouldn’t be considered a reasonable effort.

There is no strict upper limit on how many times a process server can attempt to serve papers. As long as their efforts are reasonable and not considered harassment, they may continue trying until they succeed. Alternatively, they can receive approval for methods such as leaving the documents with another adult, mailing them, or publishing a notice in a local newspaper. If a process server has visited your door several times, it typically indicates they are diligently performing their duties. This does not imply that you are being singled out or harassed.

How Late Can a Process Server Come to Your Home?

This is where timing matters. In most states, process servers are allowed to deliver papers during “reasonable hours,” typically between 6 a.m. and 10 p.m. That means you probably won’t get a knock in the middle of the night, but you could still see one early in the morning before work or later in the evening when people are more likely to be home. Some states are stricter, prohibiting service on Sundays or holidays altogether.

If you’re in California, for example, process servers generally have significant flexibility within those hours. They may come by after dinner or even early on a weekend morning, if that increases their chances of finding you. From their perspective, these hours are strategic. If they always showed up during a 9–5 workday, they would miss a lot of people. That’s why they might knock at 7:30 in the morning or just before dark.

What if a Process Server Cannot Deliver the Documents?

The ultimate goal of the service process is to make sure the parties involved are duly notified. Therefore, if the process server is unable to deliver the legal documents after multiple attempts, the legal system provides other possible methods to ensure the defendant gets properly informed.

First, the process server is required to keep a record of every failed attempt. The court assesses these documents to determine if the server made sufficient efforts to serve the defendant properly. The record should detail the address visited and the date and time of the attempt. Additionally, recording observations such as lights on in the house or people seen inside may be advantageous if the process server supposes that the recipient is intentionally avoiding service.

Suppose personal service does not work after a reasonable number of attempts. In that case, the court may allow alternative methods of service such as substituted service, service by certified mail, by publication in a local newspaper, or electronic service. For this to happen, the serving party may have to request permission from the court to use these alternative methods. The court then cross-checks to confirm that they’ve made sufficient and genuine efforts to serve.

When they serve the court papers through alternative methods, the server would file a proof of service or affidavit of service with the court. This is to confirm that the legal team properly served the process using approved methods.

What if the Defendant Doesn’t Respond to Service of Process?

If a defendant does not respond to process service after being properly served, the court may pass a default judgment in the plaintiff’s favor. This means that the serving party wins the case because the other party did not respond to the legal requirements. For the defendant, this means they’ve relinquished their legal right to defend themselves during the legal process.

In addition, if the court finds that the defendant intentionally avoided service, it may impose extra fines or penalties. Therefore, we recommend that you accept service when served properly. However, you can also file a motion to dismiss for insufficient service of process if you can prove improper service.

Legal Consequences of Improper Service of Process

Both the plaintiff and the defendant may suffer consequences from improper service of process. Here are the potential implications for both parties:

For the Plaintiff (Serving Party)

The court may order the plaintiff to re-serve the papers if they confirm that the service of process was improper. This can cause some significant delays in the process. In some cases, the court may even dismiss the case without further hearing. The court can also dismiss the case if the plaintiff misses a strict deadline for serving the legal documents.

Improper service can also counter the plaintiff’s request for a default judgment. Usually, the plaintiff can request a default judgment in their favor if the defendant does not respond to the served documents. But if the defendant can successfully prove that the service was improper, the court may overturn the default judgment. That means the plaintiff will have to restart the whole process, potentially losing both time and money.

The plaintiff may also incur additional legal costs for extra court appearances, hiring a process server again, or extra filing fees. If the defendant incurred unnecessary expenses due to improper service, the plaintiff may have to cover those costs.

In time-sensitive cases, plaintiffs may lose strategic legal advantages such as obtaining a temporary restraining order or freezing the other party’s assets. This lapse in time may afford the defendant some time to take actions that may negatively affect the plaintiff’s legal claims.

For the Defendant (Receiving Party)

The consequences of improper service mostly favor the defendant but can also affect them negatively. First, it provides a legal ground to challenge the service of process. For example, if the court approves their motion to quash a subpoena, the plaintiff will have to reserve it properly before they can continue the case.

If the court has passed a default judgment, the defendant may file a motion to nullify the judgment. But they must prove that they were unaware of the lawsuit and that there was no proper service.

On the other hand, if the defendant does not object to improper service early enough, they may lose the right to challenge it later. Moreover, the court may accept the plaintiff’s claims that the defendant is intentionally avoiding service. If this happens, the court may impose penalties or fines on the defendant for supposed deliberate evasion.

How to Make Sure Your Process Serving Is Effective

Proper service of process will help you avoid delays, legal challenges, penalties, and additional expenses. That’s why we’ve put together various steps you need to take for an effective and valid service.

1. Understand the jurisdictional requirements for serving legal documents. Before you deliver the documents, confirm what’s allowed in the jurisdiction in terms of who can serve court papers and who can accept service of process. Additionally, check the approved methods of service, what hours a process server can serve you, and any timing restrictions that may apply.
2. Hire a professional process server. This is one of the surest ways to ensure your process serving is proper. An experienced process server understands the legal requirements for proper service and has the skills to manage difficult situations, especially when the recipient is intentionally avoiding service. Before you hire a professional process server, confirm that they’re registered and certified according to the applicable jurisdictional laws.
3. Provide accurate information and detailed instructions. The more accurate information you give the server, the easier it is for them to serve successfully. Cross-check and provide details, such as the recipient’s current address, phone number, workplace, physical description, and any other relevant details that can help the process server identify them. Additionally, specify the methods of service you want, your preferred number of attempts, and any extra action you want the process server to take if there’s an attempt to evade service.
4. Attempt service at different times and locations. Before you suppose that the defendant is avoiding service or proving difficult to locate, try out various times and locations. If they’re not available during regular business hours, you can try serving in the early mornings, evenings, or weekends. If you can’t find them at home, check their workplace or other places you think they visit regularly.
5. Use skip tracing if necessary. A certified process server can use skip tracing to find individuals who are otherwise difficult to locate. Skip tracing helps legal professionals to access information from public records, social media accounts, driver’s license data, or credit reports.

Looking for a Reliable Process Service Agency?

You cannot claim your process serving is valid if you don’t have proof that you’ve made enough attempts to serve the recipient. As we emphasized earlier, the number of attempts that is considered “reasonable” or “sufficient” depends on the jurisdiction, the type of case, and the urgency. That’s why it’s best to hire an experienced and certified process server who understands the legal requirements for proper service in your jurisdiction.

On-Call Legal Process Servers are your go-to experts for all services of process within California and the United States at large. Apart from experience, we have all the skills you need to locate and serve difficult-to-find defendants. We also offer all-inclusive support services for legal professionals, attorneys, and law firms. Contact us today for a free consultation, and let’s discuss how we can help you serve your documents without stress.

FAQ

With over 16 years of experience serving legal documents across California and nationwide, we’ve seen just about every situation when it comes to process serving. Our extensive experience enables us to offer straightforward and practical answers to frequently asked questions, including how often a process server may visit your residence and the legal times they are permitted to do so. We aim to clarify the process for you, ensuring you know precisely what to anticipate.

How Long Does a Process Server Have to Serve Papers?

Process servers typically have between 30 and 90 days to deliver documents. Professional process servers like On-Call Legal Process Servers may make their first attempt within a day or two of receiving the order. But the time it takes to serve someone depends on the deadline, the case’s urgency, the process recipient’s location, and their cooperation.

Can a Process Server Serve Documents at Any Time of Day?

In most states, process servers deliver documents between 6 am and 10 pm on weekdays. In some states, serving papers on Sundays or holidays is not allowed. Most servers prefer when people are more likely to be at home, such as early mornings, late evenings, or weekends.

Can I Serve Papers Myself?

You CANNOT serve papers yourself if you’re a party to the case. To ascertain fairness or bias, you need a neutral party who is over 18 years old, a professional process server, or legal officials such as a sheriff’s deputy.

What Happens if a Process Server Can’t Find Someone?

If you can’t find someone to serve via personal delivery, the court may approve alternative methods of service, such as certified mail, substituted service, or publication. But you must document the initial attempts as proof of your efforts. You must also document subsequent attempts via the approved alternative methods.

What Tricks Do Process Servers Use?

Process servers employ various tricks, such as posing as delivery personnel, dressing casually, or visiting at different times of the day. They may also use advanced techniques like skip tracing when necessary.

Do Process Servers Call You Before They Serve You?

In most cases, process servers do not call before service. But in some cooperative services, they may still contact you to confirm your identity and availability. However, beware of potential scammers calling to claim to be a process server, especially if they request or demand payment.