New York City Process Server Practice Test

For due diligence, how many times must you attempt service to a known home or business?

1. 1 time

2. 2 times

3. 3 times

4. 4 times

The correct answer is: 3 times

The requirement for due diligence in the context of serving legal documents in New York City is generally understood to mean that a process server must make at least three attempts to serve the papers at the known address of the defendant, whether that be a residence or a place of business. This approach provides a fair opportunity to reach the individual being served, demonstrating reasonable efforts have been made to notify them of the legal action. Making three attempts at different times and possibly on different days helps ensure that the server captures a broader range of possible availability of the individual, adhering to the principle of diligent service. It reflects a commitment to following the required due process, which protects the rights of all parties involved. This requirement is particularly relevant when trying to ensure proper notification, as it may be essential for legal proceedings to move forward. The other options reflect fewer attempts, which would not fulfill the requirement for due diligence as outlined in New York law, potentially leading to difficulties in the successful completion of the service or challenges to the validity of the service in court. Thus, the choice of making three attempts ensures compliance with legal standards and proper service protocol.