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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.
Skaar. Be sure to search the court websites for Superior Court, State Court and Magistrate Court. Usually a case would be pending in the County where service is attempted (i.e., at your mother's address), however, sometimes things are served over county lines. So you should check any other counties where you have lived
Generally, process servers make at least three attempts to serve somebody. These attempts are normally made at different times of day and on different days to maximize our chance of serving the papers.
A Proof of Service is a signed piece of paper that verifies you have attempted to deliver a document regarding your case to parties involved in your bankruptcy case. The Proof of Service form used at this court is called a Proof of Service of Document.
A summons may be served by any competent person 18 years of age or older who is a resident of the state where service is made or of this state and is not a party to the action nor, except as provided in ORS 180. 260, an officer, director, or employee of, nor attorney for, any party, corporate or otherwise.
You may arrange for a process server (for a fee) or any other person who is not a party to the proceedings and who is over the age of 18 years to hand deliver the documents for you. Process servers are listed in the Yellow Pages.
Now, in many states, any US citizen that is not a party to the case, over the age of 18, and residing in the state where the matter is to be tried in court can serve papers. Keep in mind that process serving laws differ from state to state and may change.
Can Someone Refuse to Be Served Papers? No, in California a person cannot refuse to accept service. If we can identify a person on whom legal service can be made either personally or by sub-service and they refuse to accept the documents, we can absolutely still serve them.
Mr. Kelley is correct that lawyers are not parties to actions and thus can serve process. The only problem is that lawyers cannot be both fact witnesses and trial counsel.