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When a Process Server is unable to locate a target, what happens?

Apr 4

Process servers in Rockhill, SC have a huge role in their community. Process service is a legal technique in which one party to a case notifies the other of legal action, giving them enough time to react. It's a crucial stage, and a lawsuit can't move on if the process serving procedure isn't handled correctly. Of course, no one wants to be sued, therefore some dishonest persons may try to avoid facing the repercussions of their conduct by avoiding having court paperwork served on them. There are a few choices available if this occurs.

The first step a process server will take is to try and locate the person being served. If they have a current address on file, the process server will go to that location and attempt to make contact. If the process server is unable to find the individual at the provided address, they may try one or more of the following:

 

- Checking with neighbors or businesses in the area to see if anyone has seen the individual or knows of their current whereabouts

- Searching online for any additional information that may be available about the individual, such as social media profiles, job listings, etc.

- Pulling public records to try and find a new address for the individual

- Contacting family or friends of the individual in an effort to gain any information that could help locate them

If all of these measures fail, the Rockhill process server will typically file a Return of Service stating that they were unable to complete service. This document is then filed with the court and becomes part of the official case record. In some instances, the court may order that an alternative method of service be used, such as posting the paperwork in a public place or publishing notice of the lawsuit in a local newspaper.

If you have been served with legal papers and have questions about what to do next, it's important to speak with an experienced Rockhill process server as soon as possible. They can review your case and help ensure that service is completed correctly so that you can move forward with your legal proceedings.

What is a substitute service?

In general, it is a legal necessity that the person being served personally receives the papers, with the server obtaining positive identification of the person being served before handing over the papers in full view of the target. If the intended recipient cannot be located, some countries allow for "substituted service," in which the court documents are provided to a roommate or, in some situations, a teenager of legal age. In certain locations, this is deemed legal, but only after all other choices have been exhausted.

The documents must be served in a manner that is reasonably calculated to provide actual notice of the pending litigation to the person being served. The best way to do this is by personal service, but if that's not possible, then other methods may be allowed by law.

Substituted service is often used as a last resort when all other attempts at serving process have failed and it's impossible to locate the individual. It's important to note that this method isn't always allowed and, even when it is, there are usually very specific requirements that must be met in order for it to be considered valid. For example, in some states substituted service can only be used if a written declaration is filed with the court explaining why personal service wasn't possible and detailing the steps that were taken to locate the individual.

If you have been served with legal papers and have questions about what to do next, it's important to speak with an experienced process server as soon as possible. They can review your case and help ensure that service is completed correctly so that you can move forward with your legal proceedings.

Here in Rockhill, SC, we have the professionals at Whitesell Investigative Services. We are a full-service process server, private investigator, and security guard agency with years of experience. We can help you with any service of process needs that you may have, whether it's serving court documents or providing security for a high-profile event. Give us a call today to learn more about how we can help you!

Resources:

https://www.bizcommunity.com/CompanyView/WhitesellInvestigativeServices

https://www.bizcommunity.com/CompanyView/WhitesellInvestigativeServices

https://www.spoke.com/companies/whitesell-investigative-services-591d1c3b30b3acf4bd0000ad

https://www.brownbook.net/business/41354782/whitesell-investigative-services

https://www.bestbusinesslocal.com/rock-hill/public-services-government/whitesell-investigative-services