New York City Process Server Practice Test

What should you do if a person cannot be located for service?

1. Give up on serving the documents

2. Contact the last known associate of the person

3. Post the summons at their last known address

4. File a request for alternative service

The correct answer is: Post the summons at their last known address

When a person cannot be located for service, posting the summons at their last known address is one of the procedural steps that can be taken. This method is often allowed under certain circumstances in many jurisdictions, including New York. It serves as a form of public notice, ensuring that the individual is informed of the legal action against them, even if they are not physically present at that address. This approach helps fulfill the requirement of notifying a party of legal proceedings, following the principle of due process. If the individual later claims they were not properly served, the court may consider whether reasonable efforts were made to inform them of the legal action. Posting at the last known address is a recognized method of service that may be valid if traditional means of personal service have failed. The other options do not provide effective solutions in this scenario. Giving up on serving the documents would undermine the legal process and possibly allow the individual to avoid legal consequences. Contacting the last known associate may bear some fruit but does not guarantee that the service will be completed. Filing a request for alternative service is a viable option, but typically comes after other methods have been attempted; it usually requires the court's approval and cannot replace the step of attempting to serve by posting at the last known address.