Acceptance Of Service Of Summons And Complaint: Fill & Download for Free

You will have the last laugh.FIRST, if the person you are trying to serve won’t “take” whatever it is you’re trying to serve (example: summons and complaint to initiate a civil action), if the process server gets into the defendant’s presence, announces that s/he is there to serve legal papers, and is told by the person that s/he won’t accept them (the language will likely be much saltier), the process server need only drop them at the person’s feet. At that point, service is deemed both sufficient and complete.SECOND, in most jurisdictions, if it proves difficult to serve someone, process can be “nailed and mailed,” meaning left in a conspicuous place at the person’s last known address and simultaneously mailed by certified mail, return receipt requested, to the person’s last known address.Then, when you are ready to obtain a default judgment and the defendant appears at the last possible moment to avoid the default, you have my permission to laugh ever-so-quietly under your breath.

If by your question you mean to ask “Can I give a copy of the summons and of the divorce complaint to my spouse personally and have that count as proper service of process?,” the answer is (in the jurisdiction where I practice divorce law (Utah), unequivocally, no.Here are the only permissible ways you can serve a complaint for divorce in Utah**I am not covering issues of service upon 1) people judicially declared to be incapacitated, of unsound mind, or incapable of conducting the individual’s own affairs or 2) people in jail or prison:See Rule 4 of the Utah Rules of Civil Procedure:(d) Methods of service. The summons and complaint may be served in any state or judicial district of the United States. Unless service is accepted, service of the summons and complaint must be by one of the following methods:(d)(1) Personal service. The summons and complaint may be served by any person 18 years of age or older at the time of service and not a party to the action or a party's attorney. If the person to be served refuses to accept a copy of the summons and complaint, service is sufficient if the person serving them states the name of the process and offers to deliver them. Personal service must be made as follows:(d)(1)(A) Upon any individual other than one covered by paragraphs (d)(1)(B), (d)(1)(C) or (d)(1)(D), by delivering a copy of the summons and complaint to the individual personally, or by leaving them at the individual's dwelling house or usual place of abode with a person of suitable age and discretion who resides there, or by delivering them to an agent authorized by appointment or by law to receive process;(d)(2) Service by mail or commercial courier service.(d)(2)(A) The summons and complaint may be served upon an individual other than one covered by paragraphs (d)(1)(B) [service upon minors under 14 years of age] or (d)(1)(C) [individuals judicially declared to be incapacitated, of unsound mind, or incapable of conducting the individual’s own affairs] by mail or commercial courier service in any state or judicial district of the United States provided the defendant signs a document indicating receipt.(d)(2)(C) Service by mail or commercial courier service shall be complete on the date the receipt is signed as provided by this rule.(d)(3) Acceptance of service.(d)(3)(A) Duty to avoid expenses. All parties have a duty to avoid unnecessary expenses of serving the summons and complaint.(d)(3)(B) Acceptance of service by party. Unless the person to be served is a minor under 14 years old or an individual judicially declared to be incapacitated, of unsound mind, or incapable of conducting the individual’s own affairs, a party may accept service of a summons and complaint by signing a document that acknowledges receipt of the summons and complaint.(d)(3)(C) Acceptance of service by attorney for party. An attorney may accept service of a summons and complaint on behalf of the attorney’s client by signing a document that acknowledges receipt of the summons and complaint.(d)(3)(D) Effect of acceptance, proof of acceptance. A person who accepts service of the summons and complaint retains all defenses and objections, except for adequacy of service. Service is effective on the date of the acceptance. Filing the acceptance of service with the court constitutes proof of service under Rule 4(e).

When I was going through Law School I was "serving summons" after hours to make some extra money.I went to this one house where the father of the Defendant was particularly aggressive but my instructions were to drop the summons on anyone over the age of 16 at the address - as the matter related to a motor vehicle accident and the defendant's Driver's Licence was registered to that address...The Father was a really big and nasty man - and was very angry and refused to accept the document so - as directed - I dropped it as his feet.I went into the office the next day and swore an "Affidavit of Service" detailing exactly what he had said and what I had done and how I had served the document.Two days later I was arrested and charged with swearing a false affidavit.The "Father of the Defendant" was a "Superintendent of Police" and followed up on my document service and swore a complaint that it was false and that I had not left anything at his property.So what was looking like becoming my word - a baggy-assed law student/process server - against that of a Superintendent of Police, in Court - was looking pretty grim for me.Because this was a felony, there was a "Committal Hearing" in a lower Court - where the Police and the "Superintendent" gave their evidence. My lawyer suggested that there was no point in us trying to give any evidence and get the matter thrown out in this hearing, as it stood practically no chance given their evidence.So my day in the District Court soon came - in front of a 12-person Jury.Since the committal hearing - where the "Super" had sworn in evidence that I did not serve him with anything and that I DID NOT drop the document at his feet - as I swore that I had - the matter of the son's summons had come up in Court itself and the "Super" had attended... Telling that Court that he had no idea where his son was and that the summons had been illegally served and criminal actions were proceeding against the process server.To my day in Court - It had been four months since he swore that I had not left anything at all with him (sworn in both the committal hearing and sworn in evidence in another Court). He was very experienced in giving evidence and I could all but see a hangman's noose in front of me ... Just kidding - it was not a capital offence but I could have gone to jail for a few years.So my Barrister innocently asked him "Superintendent XXX how did you know to go to Court on your son's behalf on XXX Date?"Astonishingly he replied "It was printed on the summons that Mr. White threw at my feet!"WTF - that is EXACTLY what I had sworn (in my affidavit of service) to have done...There were a number of other less relevant conflicts in his evidence too - I guess once you start lying you soon trip over.The Judge was shaking his head as he summed up to the Jury by saying "Gone are the days that you can trust what a Policeman tells you is the truth and at best Superintendent XX is unreliable and at worst, it is HE that is the perjurer and liar - now please go out and consider the fate of Mr. White - whether you think he is guilty - or as I strongly suggest - that he is Not Guilty!"The jury must have had a cup of tea because 15 minutes later they were back with a Not Guilty verdict and I got a rare award of costs against the Police.Superintendent XX retired from the Police force the next day...