Legal Question in Civil Litigation in California

Nobody is ever "required to accept" a subpoena. Just put them in the employee's mailbox or on their desk. Any challenges to the validity of the attempted service, or to attempted service at the workplace as an unlawful debt collection practice, are the responsibility of the employee.

The statute regarding substituted service does not refer to you accepting servicve. It says that a copy of the papers may be "left with" a person who is 18 years or older at the defendant's place of business. The process server must then mail copies to the defendant at the same address. If the process server drops them at your feet or leaves them on a table or desk, it's just as effective as if you "accept" them when they are handed to you. So, as Mr. Stone says, you may as well just take them and put them on the employee's desk or inbox or wherever the employee receives mail, notices or whatever.

Subpoenas must be personally served to be valid. (Code of Civ. Proc., sect. 2020.220 subd (b)(1).) Contrary to the previous responses, you cannot serve a subpoena by substituted service, that is a process for a summons and complaint. (Code of Civ. Proc., sect. 415.20.)

Service of a subpoena on a business entity, however, may be made by delivering to any officer, director, custodian of records, or employee authorized to accept service. There are other procedures that depend on who exactly you are, for delivery of subpoenas.

It is lawful for a process server to attempt to serve your employee, but if they are out, you should politely inform the process server that they are out, and have them come back later. If you are hiding to employee, to assist them in evading service of the subpoena, you should be made aware that the person trying to serve can get a court order to have a Sheriff's Deputy forcibly enter and serve the subpoena.

I hope this response provides sufficient information for you to work within the framework of the law.