Service of Summons and Complaint on US Attorney, individually and on United States - how do I do it?

Question

Just want feedback - please no snide commentary on how I should look at FRCP 4 - I have and just want support - and please don't tell me to hire an attorney - just answer the question. Ok, when suing the US Attorney individually in a Bivens action I can either: hand the summons and Complaint to him, then serve the US by certified mail at the US attorney's office and serve the Attorney General by certified mail - right; or I can hire a process server to serve the US Attorney in accordance with local law, and copy the US and the AG on same as outlined above - or I can send by certified mail the summons and complaint to the US Attorney's designated agent and repeat the steps above, right? Just asking, thanks.

Also, suppose I send someone a Waiver of Service - but then I decide to personally serve him before he returns the Waiver - is that good personal service, or will he still have the option to Waive - just asking.

Answer 1

You should always send the process to the officer and request a waiver. He's a US Attorney and he's not going to play games (Rudy Giuliani is out of office so you don't need to worry about his St. Andrews Plaza shenanigans.) Don't waste your money on a process server: the admission of service & waiver is the surest proof of service that there is, exploit it.

Otherwise, yes, you are reading the statute correctly. But the practice is to request the waiver, because that's how Federal Court works these days. Decorum is the utmost and don't you dare forget it.

Answer 2

It is best to serve Summons and Complaint by a process server or sheriff.

Answer 3

I would cover your tracks and do both. Hire a processer and certified.

Answer 4

What test are you taking?