What action should a process server take if unable to serve documents after multiple attempts?

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A process server is tasked with ensuring that legal documents are properly served, and when multiple attempts to deliver these documents directly to the individual have been unsuccessful, the appropriate action is to file for substituted service or seek court permission. Substituted service is a legal alternative that allows for the serving of documents in a manner other than personal service, which may include mailing the documents to the recipient’s last known address or serving them to an appropriate person, such as a family member or roommate, at the individual’s residence.

This action is critical as it preserves the legal rights of the parties involved to receive notification of the action being taken against them. It also demonstrates the process server's adherence to due diligence in attempting to serve the documents personally. In many jurisdictions, including New York City, there are specific rules and procedures for obtaining permission for substituted service, and following these helps ensure that the process complies with legal standards.

Other options, such as giving up or contacting the individual’s lawyer, do not fulfill the legal obligation of serving the documents and can lead to complications in the case. Delivering the documents to a police station is also not a recognized method of service and does not meet legal requirements.

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