Tha Basics of Substituted Service
Process service is the deliverance of legal papers that notifies a person of proceedings that involve him or her or requests that person’s presence in court. Substituted service is one of the ways to serve someone with legal documents.
What exactly is substituted service?
Basically, it is when the process server serves indirectly by handing the documents to a court-approved family member or friend, sends the documents via snail mail, drops the documents off at the workplace, or publishes the process. The methods allowed and how they are overseen vary depending on the court system that has jurisdiction in the case. Whatever the governing entity may be, the process is performed with strict requirements to make sure that there is no way the service fails.
First of all, you have to know that this method of process service is less desirable compared to direct service. For this reason, most courts require that the process server presents evidence that the receiving party is unreachable and that all efforts to directly contact the person involved has failed. Once it is established that substitute service is indeed necessary, the options mentioned above that the court supports will be considered depending on the defendant’s circumstances.
Typically, if the person cannot be directly reached, the next course of action is to serve the documents to a court-approved person who resides at the same address. Whether that person is a candidate is determined by the court. He or she must be an adult. This method is preferred because the documents are still delivered to the known address of and the third person is bound legally to serve you.
There are courts that allow process servers to drop legal documents off at the established workplace of the individual involved. In this particular instance, the documents are still handed to a human being like a manager or colleague.
If there is no established and reachable place of employment and service at home is not a possibility, in some cases, the documents may be mailed using certified mail. Most courts will mail the process in addition to another method of process service.
When it comes to important legal documents, you want to be sure that a professional with a reputation for excellence handles the process service. With Select Document Services Inc. you can be sure that process service is done efficiently, accurately, and in a timely manner.