Bar Remedial Law Practice Exam

Unlock all questions

This demo includes only 20 questions. Upgrade to access hundreds of questions, flashcards, exam simulations, and disable ads.

Full question bankExam simulationsFlashcards

From $12.50Unlock all

Session length

1 / 20

In a sum of money case, service of summons was made on the defendant by delivering the summons to the defendant's office secretary at the defendant's office. The defendant did not answer within the period. Is there proper and valid service of summons on the defendant?

Yes, because service on the defendant's secretary at the office suffices.

No, because there was no personal service and substituted service requires earnest attempts to serve personally first.

The key idea is that service of summons in an in personam action must be personal, with substituted service available only after diligent, attempted personal service and only to a person in charge of the defendant’s office or a suitable representative.

Delivering the summons to the defendant’s office secretary is a form of substituted service, but it only counts if that secretary is the person in charge of the office or an authorized person in charge of accepting service. Simply being an office secretary does not automatically establish authority to accept service for the defendant. Moreover, substituted service requires prior reasonable efforts to serve the defendant personally; the scenario doesn’t mention any such earnest attempts, only delivery to a secretary.

Because there’s no clear showing that personal service was attempted or that the secretary is an authorized person in charge, this substituted service is not proper. Therefore there isn’t proper and valid service of summons on the defendant.

Yes, because service on the defendant's agent at the office is sufficient for in personam actions.

No, because service by publication is required in money cases.