The Best Time of Day to Serve

Process serving is a numbers game – you may get lucky and serve some papers on the first attempt, while other jobs may take multiple attempts, perhaps causing you to lose money. So, as a process server, what can you do to increase your chances of getting documents served during the first or second attempt? One way is to make attempts at the best time of day – but what IS the best time of day? In this article we discuss the best times of day to serve papers.

It’s All About the Address!

The key to determining the best time of day to serve is to identify the type of address. Service of process may take place at a residential address, business address, or private mailbox. Knowing which type of address you are dealing with ahead of time will give you an advantage.

Residential Addresses

When you have a residential address, unless you have specific information, you should assume the residents work from 9 am to 5 pm on weekdays and are home on the weekends. Based on these assumptions:

• the best time to make your first attempt would be late evening, 7 pm or later.
• the next best time to attempt, if your first attempt is unsuccessful, would be in the morning during the weekend. (Be careful and know your state rules about Sunday service!)

You should adjust these days and times based on specific information your client may have given you concerning the schedules of the person to be served or others who live at the residence. You may also consider adjusting your attempt time based on the general attributes of the residential area:

• if the address is in an area that is primarily vacation rentals, then the best time to attempt service seems to be in mid- to late-morning – 9 am to 11 am.
• if the area of the address has a lot of families, your best attempts will be earlier in the morning or later in the evening, based on busy family schedules we all know!

Sometimes you’ll run across an individual actively trying to avoid service. You’ll also have individuals that work 2nd or 3rd shift hours. In these cases, your next goal is to show diligent attempts. Your 3rd and 4th attempt should be early morning before 8 am and a mid-day attempt between 12 pm and 4 pm. The hours of these four attempts show your diligence in trying to serve the individual.

If your client wants more attempts, ask them to specify or suggest the times for the additional attempts. You may also ask if the client has an alternate address to try, such as a place of employment.

Business Addresses

For documents to be served to a business, you may need to serve the papers at the business itself, or you may be required to attempt service at the business’ Registered Agent. Some states require you to attempt service at the Registered Agent first.

• if attempting service at the Registered Agent, it is best to attempt during the hours published by that Registered Agent. In some states there are rules specifying time windows that a Registered Agent must be available for service attempts. Don’t waste a trip and attempt to serve outside those specified times!
• If the service will be at the business itself, then the best time to attempt is obviously during business hours, but keep in mind that business hours vary from business to business and from day to day. Before attempting service, perform a quick Google search on the business to obtain its hours of operation. Keep in mind special hours of operations near and on holidays!

If the documents to be served are for an individual at their place of employment, try to obtain the work schedule from your client first. Having this information will increase your chances of getting the papers served on the first attempt. If your client doesn’t know, you might call the place of employment and ask to speak to the individual to see if they are in, and to ask when they will be in if not there now. However, be discrete when talking to anyone at the place of employment to prevent any potential avoidance and only call if this is the type of business where a call wouldn’t seem unusual. If you can’t obtain any work schedule information, conduct a Google search on the business to verify hours of operations.

If you are unable to obtain information regarding the individual’s working hours but you now the business keeps standard hours, it’s best to attempt the serve either 10 am – 11:30 am, or 2 pm – 4 pm, avoiding the lunch hour. For businesses that have alternate hours, such as a restaurant or bar, attempt a few hours after the business opens.

Private Mailboxes

Some states allow service of process at private mailbox addresses, including a UPS Store, FedEx store, or any other business that provides a private mailbox service. However, be sure to know the rules of your state, because:

• In some states, such as Florida, U.S. Post Office Box is not a valid location to serve.
• Some states, like Florida, only allow service at a private mailbox address if that is the only address discoverable through public records and they maintain an active box at the location.

If you have researched the address (see our article on Checking Addresses Prior to Service) and know ahead of time your attempt will be at a private mailbox, look up the hours of operation online and attempt within those hours. Also, if required by your state, research to confirm this is the only address discoverable through public records. Ensure that you have the specific mailbox number to avoid any rejection of service and possibly having to return a 2nd time. You will be performing substitute service on the manager or member of the staff.

If you don’t realize the location is a private mailbox, you may need to make 2 trips. If so, on the first trip, talk to the staff and confirm the person to be served has an active mailbox at this location and the mailbox number. Then, after doing your research on public records, you can return and execute the substitute service.

Serve Smart and Increase Margins

While there will always be exceptions to the tips above, always consider the type of address and the party to be served before making your first attempt. Consistently following this guidance should decrease your turn around service time and increase your profit margins.