Let's Discuss Drop Service

As a process server, you may encounter situations where the person you are serving will refuse to take the papers you are serving in hand. In this latest community article we discuss Drop Service (Drop Serve, Refusal of Service). 

What Is Drop Service?

Let’s begin with understanding the term. There may be varying interpretations, depending on your state, but in general Drop Service means the person refuses to take the documents from you. Refusing to take the process may happen in a variety of scenarios:

• The person to be served refuses to accept the process from you when you hand it to them.
• The person to be served refuses the papers and shuts the door on you.
• The person to be served refuses to take the papers from you and walks/runs away from you at their residence, in a public place, or place of employment.
• The person speaks to you through a window and but will not open the door to take the papers from you.

The last example may be more common given the COVID-19 pandemic. When serving you may find that the person may be isolating in their home or may be sick. Research to find out if there are any current restrictions about service in your area and review the guidelines published by the CDC to understand how to protect yourself and the person you are serving. 

What are Some General Guidelines for Drop Service?

There is no official type of service titled “Drop Serve”. When serving in this situation you are stating that you served the documents by Individual Service or Substitute Service. The manner of how the documents were provided to the person you are serving is where the “drop” occurs. If the person refuses to accept the process in hand your affidavit should reflect how you served the person. You should add comments that explain what happened and why the documents were not provided to the person in hand.

Be Careful with Drop Service – Do it Right!

Understanding the statutes, rules, and case law in your state is vital to ensuring you serve the papers correctly given the circumstance. 

• Drop Service is not considered completed service in most states if the person will not answer the door, come to a window so that you can see them, or by speaking to them through a video doorbell.
• It is important to make sure you have completed all requirements for serving in your state such as identifying yourself, explaining the papers, letting them know you are leaving the documents on the doorstep as they shut the door, etc. 
• It is critical that you include the details of the service and drop scenario in your affidavit. If the service is challenged in court, the details of your service need to already be in the court record on your affidavit. If you do not include these details and are called to testify, this omission could result in a negative ruling and an upset client because of the missing facts at the time they happened.

Drop Serve Scenarios to Avoid

We have heard of several drop serving scenarios that you should try to avoid, in order to prevent escalation of an already difficult serve, such as chasing a person who decides to run away from you, or trying to throw the document through a door that someone is trying to close. Sudden aggressive movements may result in unwanted return aggression. It is best to remain calm and professional and simply leave the documents in a neutral manner. Finally, never “undo” the serve by picking up the documents and taking them with you if you have served someone in a public place and they decide to leave the area without taking the papers. Make clear that the papers have been served and you will not be taking them back, then leave.

Know Your State Rules of Service

A prepared and educated server is a valuable asset to their client. Be sure to understand the rules of service in your state and the case law that affects these forms of service, such as Drop Service or Refusal of Service. In hand service is always best but when used properly this type of service has been upheld with proper documentation in your affidavit.