New York City Process Server Test 2025 – 400 Free Practice Questions to Pass the Exam

When a process server encounters a "refusal to sign," the most important first step is to document the refusal properly. Accurate documentation serves multiple purposes. It provides a clear record of the event for legal proceedings, demonstrating that the process server made the appropriate attempts to serve the documents as required by the law. This record can protect the server's actions under scrutiny and validate the service attempt.

Effective documentation should include details such as the date and time of the attempted service, the identity of the recipient, the manner of refusal, and any witness information if applicable. This thorough approach ensures that the process server has complied with legal obligations and can provide evidence of the service attempt if the case goes to court.

While leaving the documents, ceasing attempts, or contacting the sender might be relevant actions to consider later in the process, they do not serve the immediate purpose of reinforcing the legitimacy of the service attempt like proper documentation does. Thus, documenting the refusal first allows for a more effective handling of the situation, should further legal action or clarification be necessary.