Substitute of service, also known as substituted service, is a method of serving court documents when the defendant is not available at their home or work. Here are the qualifications and steps for substitute of service:
Multiple Delivery Attempts: Your server must try to deliver the papers at least 3 times on different days of the week and at different times of the day when the defendant is likely to be at home or work12. Handing the Papers to Someone Else: After multiple tries, if someone else, but not the defendant is there, your server may be able to hand that person the papers instead. Your server can hand the papers to12: Someone 18 or older who is at the home and lives with the defendant (like their spouse or roommate) Someone 18 or older who seems in charge where the defendant works (like a manager) Someone 18 or older who seems in charge where the defendant usually gets their mail (but not a United States Postal Service (USPS) post office box). Informing the Recipient: Your server must tell the person they¡¯re giving the papers to that the papers are legal documents and who the papers are for. Your server must also write down the name of the person they gave the court papers to. If the person will not give their name, the server must write down a detailed physical description12. Mailing a Copy of the Forms: Your server must also mail a copy of the papers to the defendant at the address where they left the forms. They need to write down the date they mailed the forms and the city and state they mailed them from12. Declaration of Due Diligence: Your server must write a Declaration of Due Diligence. This explains every time they tried to serve the papers. It must include the dates they went to the house or work, times of day, and what the result was (for example, ¡°No one answered the door¡± or ¡°not in the office¡±). Your server has to sign this declaration under penalty of perjury12. Proof of Service Form: Use the Proof of Service of Summons form. You can fill in the top part of the form with the case and court information but the server has to fill out how, when, and where they served the papers. They must attach a copy of the Declaration of Due Diligence to the Proof of Service12.
¿©±â´Ù Çϳª ´õ Ãß°¡ ÇÏÀÚ¸é ºÎ¸ð´ÔÀÌ plaintiff¿¡ µé¾î°¡ ÀÖÀ¸¸é ¾ÈµË´Ï´Ù. ±×·¸Áö ¾Ê°í ¿©±â ³ª¿ÇÑ Á¶°ÇÀ» ´Ù µû¸£°í ºÎ¸ð´ÔÀÌ ¹ÞÀ¸¼Å¼ Å׳ÍÆ®¿¡°Ô Àü´ÞÇØÁֽô°Š±¦Ã¯´Ù°í º¸¿©Áý´Ï´Ù. |
|