How Can a Lawsuit Move Forward If a Process Server Cannot Find a Defendant?

Serving Court Documents

Original Post: 01/19/2016

When a plaintiff brings a lawsuit against a defendant, the law requires the defendant to be served a notice of the court action. This is done so that the defendant has enough time to prepare a defense, and is an important part of due process.

What Happens if Court Papers Cannot be Served?

Most states require that the defendant receive court documents in person, so that there can be no question that the defendant was given proper notice. However, for an unscrupulous individual who doesn’t want to face up to their responsibilities, they may go into hiding to avoid a process server. When this happens, there are a few different options.

Keep reading this article to learn more about how a case moves forward when a process server cannot locate a needed person.

Due Diligence for Process Servers

The process server must first prove that they have done their due diligence in trying to serve the documents in person. They must document that they have tried every available means to locate the defendant, and any other means of notification can only be utilized as a last resort. Professional process servers are crucial to have here, since they will know how to demonstrate to the court that they have attempted to do their job the best they could.

Substitute Service - Beyond Standard Process Serving

After every reasonable option has been exhausted, some states will allow for what’s called “subsitute service.” This is where the process server leaves the court documents with a relative or a roommate at the defendant’s address. Still, other jurisdictions will allow for a notice to go out in publication, usually in a newspaper.

Finding a Partner to Prepare Your Court Documents

If you’re the plaintiff in a lawsuit, it’s important to make sure your court documents are served correctly. Without proper process serving, your entire case could end up getting thrown out, costing you tons in legal fees and lost time.

At Same Day Process Service, we have an experienced staff ready to track down defendants and get them your documents quickly, and we specialize in the “impossible” cases. Contact us today to request a quote!

Speak to a Pro: (844) 737-8331

Learn More about Process Serving

5 Tips For Being a Better Process Server

Just like people, not every process service is the same. Some people are harder to hand papers off to than others. Many defendants believe that avoiding a process server means their legal troubles go away (this is false). This myth leads some people...

A Story of Patience and Persistence

The doctor we were trying to serve had been an enigma for over a month. Our servers made several unsuccessful attempts to serve him at his office in White Plains, MD. His door was always locked and no sound heard from within. The receptionist in the...

"Known to Serve the Impossible" - The Frank Fitzsimmons Service

Many years ago, when I owned San Diego Attorney Service, I was contacted by the president of a national trucking magazine who informed me that they had been trying for more than a year to personally serve Frank Fitzsimmons, the boss of the Teamsters...

Same Day Process Service: Open for Business During the COVID-19 Pandemic

Despite these challenging times, we want to let you know that we’re taking additional steps to ensure that we continue to deliver fast and accurate results, even through COVID-19-related court closures and shelter in place...

How to Become a Successful Mobile Notary

Helping people is a great way to make a living. Mobile notaries have the chance to meet new people they will help daily. If you need a career that constantly changes pace so you won’t get bored, being a mobile notary may be for...

Differences Between TV Portrayals of Process Servers vs Real Life

Every year there are millions of court cases filed by attorneys and individuals in the United States. These high numbers mean that service of process/the notification system for people involved in a case is something that happens often. So, it is no...

The Life of a Process Server

Court proceedings move forward every day. Similarly, the legal system needs to notify people of a requirement to appear in court or to take note of legal action taking place. The people who make contact with the persons of interest are process...

How to Avoid Breaking the Law as a Process Server

Process servers have a tough job. They are responsible for delivering court documents to people. Many people being served have misconceptions that challenge the delivery process. Knowing the rules based on local and state laws is important for...

Do Employers Need to Allow Processes to be Served at Work?

Updated: August 8th 2024 Many people try to keep their personal and professional lives separate. While some people may discuss interest in TV shows and what their kids are doing after school, most will not discuss major issues in their personal...

Can I Avoid Being Served?

If you know you will be sued, do yourself a favor and DO NOT try to avoid the server. Many people think it’s a good idea - if they avoid the server, then they can prevent the case from moving forward. In reality, when a person physically...

4 Benefits of Using a Process Server for Eviction Notices

Dealing with troublesome tenants is a complicated and often precarious position. There are legal processes that must be respected to avoid problems in the future. A process server can help apartment management or a landlord in delivering legal...

The Must-Know Rules for Serving Processes on Holidays

The task of serving process involves many considerations that most people don’t consider. A server must be fair, firm, and respectful. They must think of their own safety while also making the individual they serve to feel calm. To effectively...

How to Serve Processes to Military Members

Members of the United States military often put their lives on the line to defend their country and its assets. Sometimes the courts will need to provide written documents to these active duty individuals for several reasons including a summons to...

Respecting the Rights of Hospital Patients While Serving Processes

Process serving is never an easy job. Most of the challenge comes in locating the individual who needs to be given papers. The problem gets more complicated when the person is at a high-security location. It is not against the law to serve...

Prepare for Process Serving Wearing a Body Camera

A process server’s job is not easy. Servers deliver a summons to many folks who would prefer not to receive the court documents. As with most sectors, advances in technology have been and will continue to disrupt the process...

The Most Common Types of Affidavits

An Affidavit is a written testimony given under oath. Affidavits are only valid when given freely, without any coercion. To provide a legal affidavit, an individual needs to be of sound mind (lucid) and typical of legal age (over 18). The...

Tips for Staying Safe While Process Serving

Process serving is a necessary role that helps the legal system running efficiently. As beneficial as this role is, it also involves some inherent safety risks. There are safety concerns with many jobs, but a process server can interact with a...

Getting The Most Out Of Your Process Server

Many firms use process servers to deliver legal notices. When they are contracting with a private process server, there are some things that can make the whole process more efficient. No matter how busy a process server is, there are still ways to...

What Is A Sting Operation?

Sting operations are potentially valuable tools used in law enforcement and some government agencies. Sting operations are tools used by local, state, federal and international agencies often working together on resolving the commission of illegal...

Everything You Need To Know About Skip Tracing

Skip tracing involves locating someone. Most entrepreneurs, debt collectors, and investigators apply it regularly. Typically, private investigators handle numerous skip-tracing lawsuits each year. Read on to learn more about skip tracing, its...

Page: 1 234 5 6 - All