Process Server Resources

Due Diligence

Persistent and Meaningful Service Attempts

Performing due diligence is an instrumental aspect of process service. The law demands that we show that every reasonable measure has been taken to make contact with, and provide documents to, the servee. As a process server, a significant portion of proving due diligence falls on you. Let's be honest - most people aren't home at noon; so varied and meaningful attempts at service go a long way! Here are some examples of how to show due diligence:

Persistent Attempts

  • Making at least one morning attempt before 11am
  • Making at least one evening attempt after 6pm
  • Making at least one attempt on a Saturday or Sunday
  • Making at least one afternoon attempt between Noon-5pm

Meaningful Attempts

  • Checking to verify residency of the subject with neighbors or a leasing office
  • If you are informed by a resident of when would be a good time to catch the servee, make an attempt at that time
  • Calling any phone numbers listed for the defendant
  • Noting packages left at the door (Don't touch the mailbox!)
  • Following any special handling instructions and court requirements
  • Reporting any license plates of vehicles at the specified address

Along with meeting the expectations of due diligence, ABC also requires that attempts be made every 48 hours on each service assigned to a process server. If you have selected an area to be assigned in you are agreeing to meet the above requirements of diligence as well to make this frequency of attempts on all the work received in that area.

See also: ABC Legal Attempt Requirements.