When a process server is unable to serve an individual after multiple attempts, alternate service documents are filed, requesting the court's permission to serve the individual through alternative means.
If you are unable to serve the initial documents through traditional methods such as via process server, an alternative service method may be requested. This situation often arises when the individual is difficult to locate or is deliberately avoiding service. Alternative service allows for court documents to be delivered in different ways, such as through:
To request alternative service, a formal request must be filed with the court. This request should detail all previous attempts to serve the individual and propose a new method of service that is expected to reach them effectively. The court will assess whether the proposed alternative is likely to give the individual proper notice of the proceedings. If the court grants the request, it will issue an order permitting the alternative method to be used.
After alternative service is executed, proof of service must be submitted to the court. This proof demonstrates that the court documents were delivered as directed by the court's order. This process is essential for moving forward with the case, ensuring that the legal proceedings can continue even when the other party is hard to reach or evading service. The court will then consider the case, acknowledging that proper notice was provided through alternative means.
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