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. We have already discussed leaving papers with a relative at great length.

What if the person being served refuses to accept the 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. It is common for subjects to try to refuse served papers.

Can you not accept being served?

You can refuse to accept documents from a process server. ... Whether you accept the documents or not, you are considered to be served. Refusing to accept documents does not stop a lawsuit against you from proceeding.