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Texas Rule of Civil Procedure 106 requires that the process server first try to deliver the papers in person or by certified mail. You can ask the court to serve them in another way if trying to serve them in person or by certified mail didnt work. Texas rules now let you serve people by e-mail or even social media.
In most cases, three attempts will be made, and at different times of the day and on different days. If the process server fails to serve the documents after all attempts are made, the applicant can go to the court and ask permission to deliver the documents by a substitute or alternative service method.
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.
If someone does not accept the documents being served, and repeated attempts have been made by the process server, the party trying to serve the documents may bring a motion in court for an order allowing them to use an alternative or substitute method of service.
Service by registered or certified mail is permitted only under certain conditions set forth in Rule 54. The clerk should insert in the summons the names of only the Defendant or Defendants who are to be served by mail.
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When attempting service on an individual, you are required to make three different attempts at different times (morning, afternoon, and evening) and different days.
Can Someone Refuse to Be Served Papers? No, in California a person cannot refuse to accept service.
If papers cannot be served correctly, there could be a postponement of the case or even thrown out of court. Thats why it is very important that you should contact a professional to ensure the process is completed accurately and legally.
When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.
Risk to Defendant of Ignoring Service: Default Judgments If the defendant does not properly respond to the summons and complaint, either by ignoring it or by procrastinating on a response, then the plaintiff may get a complete and valid judgment against him/her.

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