One of the most common questions about process serving is also one of the easiest to misunderstand: How many times does a process server have to try? There is not a universal answer. A professional server should follow the requirements and instructions that apply to the assignment while making attempts that are purposeful rather than simply repetitive.
The Short Answer: There Is No Universal Number of Attempts
Process-serving requirements can differ by jurisdiction, court, case type and permitted method of service. A client may also request a particular number of attempts or purchase a service level that includes a defined number of field attempts.
That means statements such as “a process server always has to try three times” should not be treated as a universal legal rule. In some matters, successful service may occur on the first attempt. Other assignments may require multiple attempts, a different address, additional research or further direction from the client.
The number of attempts included by a process-serving company is not necessarily the same thing as a legal requirement imposed by a court or jurisdiction. Questions about what the law requires in a particular case should be directed to an attorney or the appropriate court.
Why Does the Number of Attempts Vary?
Every assignment is different. A process server may be attempting service at a residence, workplace, corporation, registered-agent office or another authorized location. The circumstances at that location can determine what happens next.
- The type of documents being served.
- The jurisdiction and applicable service rules.
- The service deadline or hearing date.
- The address provided by the client.
- Whether the recipient actually resides or works there.
- The recipient's typical availability.
- Whether the assignment involves an individual, business or registered agent.
- Information discovered during earlier attempts.
Why Strategically Timed Attempts Matter
Three attempts made at the same time of day may be far less useful than attempts made at different times based on the circumstances of the assignment.
For a residential address, an evening or other appropriately timed attempt may make sense if earlier observations suggest the recipient is away during normal business hours. For a corporation or registered agent, normal business hours may be exactly when an attempt should occur.
Good field work also means paying attention to what is learned at the location. If reliable information indicates that the subject moved, repeatedly returning to the same address may accomplish very little. That information should be documented and communicated to the client.
What Does “Three Attempts” Mean at Elite Legal Services?
Elite Legal Services includes up to three strategically timed attempts with our standard process-serving service levels.
That does not mean every assignment automatically requires all three attempts. If valid service is completed on the first attempt, the assignment is served. If an attempt is unsuccessful, additional attempts can be made within the scope of the assignment.
ELS offers routine, rush, same-day and immediate/after-hours/weekend service options. The service level primarily determines how quickly the assignment is handled; it does not change our focus on professional field work and documentation.
For current service levels, coverage and pricing, visit our Process Serving page.
What Happens After Unsuccessful Attempts?
An unsuccessful attempt does not necessarily mean the assignment produced no useful result. Field observations can help determine the appropriate next step.
The server may find evidence that the address is vacant, learn that the subject moved, discover that a business has closed, or determine that supplied unit information is incorrect. Those details should be reported to the client.
Depending on the circumstances, the client may provide another address, request additional attempts, request location research, provide new instructions, or consult counsel or the court about other legally available methods of service.
ELS also offers skip tracing when additional location research is appropriate.
What If Someone Appears to Be Avoiding Service?
A recipient who does not answer the door is not automatically avoiding service. People work, travel and simply may not be present when an attempt occurs.
Process servers should document objective observations rather than make unsupported assumptions. Multiple strategically timed attempts may provide a clearer picture of what is happening at the address.
If a client needs to know whether another form of service may be permitted, that becomes a legal question. A process server can report what occurred but should not advise a party about legal strategy.
What About Rush, Same-Day or Urgent Service?
Urgent service changes the timetable, not the principle that attempts should be meaningful. If documents need immediate attention, the client should communicate the deadline when placing the order.
ELS offers expedited service for assignments that cannot wait for routine scheduling, including rush, same-day, immediate, after-hours and weekend options.
What Can a Client Do to Improve the Chances of Successful Service?
The quality of information provided at intake can make a significant difference. Helpful information may include:
- A complete and correctly spelled name.
- Apartment, unit or suite numbers.
- Known work schedules or employer information.
- Vehicle descriptions when relevant and lawfully obtained.
- Alternate addresses.
- Known access issues at gated or secured buildings.
- The actual service deadline.
Clients should also submit urgent assignments as early as possible. Waiting until immediately before a deadline reduces the opportunities available to any process server.
The Bottom Line
There is no universal rule that every process server must make the same number of attempts on every assignment. The appropriate number and method of attempts depend on the assignment, applicable requirements and information discovered during the service process.
What clients should expect is professionalism: sensible timing, accurate documentation, clear communication and a reliable record of what happened.
Need Process Service in Greater Cincinnati or Northern Kentucky?
Elite Legal Services provides professional process serving throughout our Greater Cincinnati and Northern Kentucky coverage area, with up to three strategically timed attempts included in our standard service levels.