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As already indicated, the general answer is no, they don't have to say anything. In the US, you can be sued under state or federal law, so you should check the rules of civil procedure in your state. The Federal Rules do not require the service agent to say anything.

Tell the server to: Give the papers to a responsible adult where the Defendant lives, or to someone in charge where the Defendant works. Say, These are court papers. Then, mail (first-class) a copy of the papers to the Defendant at the same address where s/he left the papers.

If the other party is willing to accept service, the filing party may simply mail or hand-deliver a copy of the Summons, petition/complaint, and other documents to the Defendant / Respondent, along with a form called an Acceptance of Service. In family law matters, the Acceptance of Service form is available on the

In the majority of states, you can serve papers by sending them to the defendant via certified mail with a return receipt requested. In some states, service by certified (or registered) mail is one among several ways you may serve papers.

When a process server is unable to leave the documents with the defendant, they can sometimes serve the papers on another person. Leaving the papers with somebody who is not the defendant is called substitute service, or just subservice.

The person serving the document by hand must identify the person being served and provide a copy of the document to the person served. If the person to be served refuses to take a copy of the document, the person serving it may put it down in the presence of the person to be served and tell the person what it is.

When the party that has to be served lives out of state, papers can usually be served by sending a copy of the paperwork to be served to that party by first-class mail, postage prepaid, and return receipt requested. The person who mails the papers must be at least 18 and NOT a party to the case.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

Oregon Notice of Office Service on Defendant

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