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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I need to serve a summons today for a civil suit I filed in

Resolved Question:

I need to serve a summons today for a civil suit I filed in Nevada. I have a friend over 18 who will do it but the person to serve lives in a gated community. Does the friend of mine need to be licensed as a process server to gain access to the house through the gate or does he just have to show the guard the summons
Submitted: 11 months ago.
Category: Legal
Expert:  Zachary replied 11 months ago.
Even if your friend was a licensed process server, the guard is not required to let him through the gate. A gated community may legally keep out process servers. The only way that the person would be allowed through is if you got the Constable or Sheriff to serve the document instead.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 6 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

If server is refused entry by guard can server leave copy of summons with guard and that be considered good service?


 


NRS 14.090 1A

Expert:  Zachary replied 11 months ago.
Yes. That is correct.

You should be wary of using an unlicensed process server in Nevada. It is illegal to be paid to be a process server without a license.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 6 other Legal Specialists are ready to help you
Expert:  Zachary replied 11 months ago.
You understand that your friend will need to file a "return of service" which is a sworn statement to the court, correct?
Customer: replied 11 months ago.

what is return of serrvice

Expert:  Zachary replied 11 months ago.
It's this form: http://www.nevadajudiciary.us/index.php/viewdocumentsandforms/func-startdown/4441/

After your friend serves the guard, your friend will need to fill out this information and file it with the court that the lawsuit is in.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 6 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

The form there appears to relate specifically to domestic violence cases - is there another form that would be correct for proving service on a breach of contract civil complaint? Can I simply use the affidavit here in some manner:


 


http://www.clarkcountycourts.us/clerk/Legal_Forms2/PDF%20Pro%20Pers/SUMM%20Civil.pdf


 


I don't see anything specific regarding service to a gate guard on that form, however.


 


One more thing - is there a specific rule allowing service to someone at their place of employment/business?

Expert:  Zachary replied 11 months ago.
You can either use the form I sent and write in the "other" section "service of Plaintiff's Complaint" or use the affidavit of service on the other form (I like the one you found better). You will need to write in language about service on the guard and the fact that it is a gated community and the server was not allowed entrance.

You can serve a person at their regular place of business if the person is personally served. But you cannot leave it with the secretary or receptionist unless you are actually suing the business itself.
Customer: replied 11 months ago.

Thanks for the reply - do you have a specific section of Nevada civil code I could read relating to your reply about service at work?

Expert:  Zachary replied 11 months ago.
There is no law stating, "service shall not be made at the person's regular place of business." It is a negative implication from the rule that:

(6) Service Upon Individuals.  In all other cases to the defendant personally, or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.

Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 6 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

I understand. Quickly back to the other item - regarding the service in the gated community - suppose I've gotten through the gate and to the house, and via intercom a person within the defendant's property (who refuses to identify themself) is talking to me. They refuse to open the door. Can I tell them I am leaving a copy of the summons at the door and this will be considered good service with a signed affidavit explaining the situation? Thanks for all your assistance.

Expert:  Zachary replied 11 months ago.
No. This often happens too. If they do that, you have to go back to the court and apply for "substituted service" and get permission to leave it on the door or send it to the Defendant through certified mail.
Customer: replied 11 months ago.

Through whom do I "apply for substituted service"? The clerk? Or do I need to bring some type of ex parte motion to the judge?

Expert:  Zachary replied 11 months ago.
It would be an ex parte motion that you file with the court and request a hearing, a Motion for Substituted Service.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 6 other Legal Specialists are ready to help you

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