If a defendant refuses to accept service, what is the proper course of action?

If a defendant refuses to accept service, what is the proper course of action?

• A. Coerce the recipient to take the papers.
• B. Ignore the refusal and leave without any record.
• C. Document the refusal and attempt alternate valid service methods allowed by law.
• D. Mark service as complete by leaving a note.

Answer: (C)

When serving process, notice must be properly given. If the defendant refuses to accept the papers, you don’t coerce them or pretend service is complete. The correct approach is to document the refusal in the server’s return (noting the date, time, and who refused) and then pursue alternate valid service methods allowed by law. This may include substituted service at a residence or business with a responsible person, service by mail with acknowledgment of receipt, or other methods the court permits if the defendant cannot be located. If needed, you can seek the court’s permission to use a different method. This keeps notice valid and protects due process. Coercion is improper, and marking service as complete without a proper method would be inaccurate.

When serving process, notice must be properly given. If the defendant refuses to accept the papers, you don’t coerce them or pretend service is complete. The correct approach is to document the refusal in the server’s return (noting the date, time, and who refused) and then pursue alternate valid service methods allowed by law. This may include substituted service at a residence or business with a responsible person, service by mail with acknowledgment of receipt, or other methods the court permits if the defendant cannot be located. If needed, you can seek the court’s permission to use a different method. This keeps notice valid and protects due process. Coercion is improper, and marking service as complete without a proper method would be inaccurate.