New York City Process Server Practice Test

Question: 1 / 400

Can a process server leave a document with a roommate?

No, they must hand it directly to the individual

Yes, as long as the roommate is of suitable age and discretion

A process server is allowed to leave legal documents with individuals other than the intended recipient, provided those individuals are of suitable age and discretion. The term "suitable age" typically means that the person must be at least 18 years old, and "discretion" refers to the ability of that person to understand the importance of the document and to ensure it reaches the intended recipient.

In this scenario, a roommate can be considered a suitable recipient as long as they meet these criteria. The rationale behind this is to ensure that the intended recipient is still informed about the proceedings related to them, even if they are not available at the moment the process server arrives. Legal standards and practices around serving documents are designed to balance the need for formal notice with practical considerations about how people live and interact in shared living spaces, such as apartments or houses.

The other choices suggest limitations that are not in line with current practices regarding service of process, such as insisting on directly handing the documents to the individual or restricting suitable recipients to family members only. This would not reflect the flexibility that the law provides in recognizing other capable individuals who can receive documents on behalf of someone else. Thus, allowing service to a roommate who is of suitable age and discretion aligns with established procedures for effective

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Yes, but only if the roommate is a family member

No, roommates are not considered suitable recipients

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