Many assume a process server must hand legal documents directly to the intended recipient.
But that’s not always the case.
Depending on the type of case, state laws, and specific circumstances, a process server can sometimes serve someone else on behalf of the recipient.
Let’s break it down.
When a Process Server CAN Serve Someone Else
There are specific situations where serving another person is legally allowed.
1. Substitute Service (Serving Someone at Their Residence)
If the intended recipient isn’t home, some states allow a process server to leave the documents with another responsible adult at the residence.
This person is usually:
- A spouse
- A family member
- A roommate or cohabitant over 18 years old
Example:
A process server arrives at John Doe’s home, but John isn’t there. Instead, his adult son answers the door.
If the state allows substitute service, the server can legally hand the documents to the son—who is then responsible for delivering them to John.
State-Specific Rules Apply:
Some states require multiple attempts before allowing substitute service. Others require the server to also mail a copy to the recipient.
2. Workplace Service (Serving Someone at Their Job)
In some cases, a process server can deliver documents to a co-worker, receptionist, or manager at the recipient’s workplace.
However, some states restrict workplace service to prevent embarrassment or workplace conflict.
Example:
Sarah is avoiding service at home. The process server goes to her office, where a receptionist accepts legal documents on her behalf.
If the state allows it, Sarah has been legally served.
State-Specific Rules Apply:
Some businesses refuse to accept legal documents for employees. Certain states prohibit workplace service altogether.
3. Serving a Registered Agent (For Businesses & Legal Entities)
If the intended recipient is a business or corporation, legal documents can be served to their registered agent instead of the business owner directly.
A registered agent is legally responsible for receiving and forwarding legal documents.
Example:
A process server needs to serve XYZ Corporation. Instead of tracking down the company’s CEO, the server delivers the documents to XYZ’s registered agent.
Important Note:
A company must have a registered agent. Failing to respond to served documents can lead to default judgments.
4. Posting & Mailing (Alternative Service Ordered by a Court)
If someone is intentionally avoiding service, a process server can request alternative service, such as:
- Posting the documents on their door (common in eviction cases).
- Mailing the documents (certified or first-class mail).
- Serving via email or social media (only if the court approves).
Example:
David keeps dodging service, avoiding his home and work. The process server requests court approval to serve him via certified mail.
Once approved, mailing the documents counts as legal service.
State-Specific Rules Apply:
A process server must prove multiple attempts before requesting alternative service.
When a Process Server CANNOT Serve Someone Else
There are clear limits to who can accept service on behalf of the recipient.
1. No Service to Minors
A process server CANNOT serve a child or minor under 18.
Even if a minor answers the door, the server must wait for a legal adult.
2. No Service to Uninvolved Third Parties
A process server CANNOT leave legal documents with a random neighbor, friend, or stranger—unless state law explicitly allows it.
3. No Service in Certain Protected Locations
Some states prohibit process serving in locations such as:
- Churches & Religious Institutions
- Funerals & Memorial Services
- Courtrooms (while the recipient is in court)
Final Takeaway: Know the Rules & Protect Your Rights
If you’re expecting service—or trying to serve someone else—understanding substitute service laws is critical.
- In some cases, a process server CAN serve another responsible adult, a workplace representative, or a registered agent.
- In other cases, a process server MUST hand the documents directly to the intended recipient—or seek alternative service approval.
- Every state has different rules, so always verify local laws or consult an attorney if in doubt.
Because in the world of legal service, precision matters—and knowing your rights is power.
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We're here to assist you with any legal support services you may require. Although our main office is located in Phoenix, we have dedicated local teams to handle all location-specific tasks efficiently. Here's how you can get in touch with us.
The Process Server
13416 North 32nd Street #110F, Phoenix, Arizona 85032, United States
Phone: +1 (602) 675-2333
Email: [email protected]
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