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  1. #1
    Join Date
    Mar 2011
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    Default Can a Process Server Serve Someone Out of State

    If a process server is trying to serve someone at their home and is unsucessful, can they serve them at work if the person works in a different state?

  2. #2

    Default Re: Can a Process Server Serve Someone Out of State

    If the server is certified/licensed to do so in that state, or, they'll simply use a server from the state in question.
    Catherine NeSmith
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  3. #3
    Join Date
    Mar 2011
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    Default Re: Can a Process Server Serve Someone Out of State

    What if the building it secure? Like can't get in unless you work there?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Can a Process Server Serve Someone Out of State

    Obviously the process server isn't going to be able to serve somebody in a secured area to which the process server has no access.

  5. #5

    Default Re: Can a Process Server Serve Someone Out of State

    Quote Quoting username10
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    What if the building it secure? Like can't get in unless you work there?
    Presumabably the person has to GET to the building. Parking lot service is STILL service. So are driveway service, stopped at a red light service, or sitting in the drive thru at McDonalds service. My favorite is the walking down the aisle at a wedding service. A true classic.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  6. #6
    Join Date
    Feb 2011
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    Default Re: Can a Process Server Serve Someone Out of State

    They can also perform substitute service-ie. serving process on the spouse or other household member of suitable age and discretion. They can also do intercom service, as long as the person being served understands that they are being served and the papers placed where the server says they are placing them.

  7. #7

    Default Re: Can a Process Server Serve Someone Out of State

    Intercom Service Fu. Who knew?
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  8. #8
    Join Date
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    Default Re: Can a Process Server Serve Someone Out of State

    They can perform service in a manner consistent with the laws of the state involved, which has not been identified.

  9. #9
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can a Process Server Serve Someone Out of State

    Yes, a person can be served at work, if the employer allows it. The employer does not have to give the process server access. The server could simply wait outside.

  10. #10
    Join Date
    Feb 2011
    Location
    Arizona
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    348

    Default Re: Can a Process Server Serve Someone Out of State

    Quote Quoting aardvarc
    View Post
    Intercom Service Fu. Who knew?
    Under the laws of the State of New York, yes. Hatmaker vs. Hatmaker (don't have the citation handy) affirmed that a party can be properly served without the process server physically seeing the person to be served if they or a witness can affirm that the voice of the person responding to the process server is that of the person to be served. If a witness identifies the person by voice, they generally have to sign a sworn affidavit to that fact which explains how they know that the voice that was heard wax that of the person to be served.

    There is supporting case law for intercom service, but again I don't have that here at home.

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