New York City Process Server Practice Test

Question: 1 / 400

What is the primary distinction between personal service and substituted service?

Personal service allows delivery to a third party

Substituted service is only used in emergencies

Personal service requires direct delivery of documents

The primary distinction between personal service and substituted service lies in the nature of how the legal documents are delivered. Personal service involves the direct delivery of legal documents to the individual named in the lawsuit, ensuring that that person receives the information firsthand. This method is crucial because it guarantees that the recipient is aware of the proceedings and is given a chance to respond.

In contrast, substituted service is utilized when personal service cannot be achieved. This method allows for the documents to be delivered to someone other than the defendant, often at their residence or place of business, and typically requires that the recipient be someone of suitable age and discretion. However, the key aspect of substitutive service is that it does not require the same level of direct engagement or acknowledgement from the intended recipient.

Understanding this distinction is important for process servers to ensure that they comply with legal requirements and effectively carry out their duties. Thus, personal service's requirement for direct delivery is what fundamentally differentiates it from substituted service, confirming that option relating to this aspect is correct.

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Substituted service can be done without notifying the recipient

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