WHAT IF THE PERSON CANNOT BE FOUND OR IS EVASIVE?

Due Diligence Process. What if the person cannot be found? What if the person is evasive? If the named party in the documents cannot be found, the court may allow service by publication in a newspaper or by mail. Typically, the court may request that a reasonable attempt be made to actually serve the defendant or the person named before they grant permission to allow service by publication. This is why it is so important to hire a professional process server who is familiar with local rules and regulations.

In some states such as New Jersey “Substitute Service” on a family member over the age of 14 who resides in the same household is acceptable. Substituted Service is not permitted in certain types of legal matters such as divorce petitions where the individual must be served personally.

Substituted Service (substitute service) should be done as the last resort and shown as part of the Due Diligence process. Please be sure to always refer to the rules of civil procedure in your state to make sure you are in compliance with local rules and regulations.

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