Service of Complaint by Substituted Service

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  • #33076
    Maria Gonzalezmariagonzalez
    Participant

    When serving a complaint, does the process server need to make three attempts and if those are unsuccessful, would they subserve on the third attempt or go back and subserve on the fourth attempt? Thanks.

    #33077
    Vivian Shrevevivianshreve
    Participant

    It is my opinion and belief that if, on the third attempt, they can’t get the named defendant, but there is another adult or responsible person, they can sub-serve at that time.

    #33078
    Mary Beaudrowmarybeaudrow
    Participant

    In my experience of working in the attorney service business for 25, you can sub-serve on the third attempt. The process server should know this,but be aware that if the county where the defendant resides requires that attempts are made at certain times of the day and evening. This information would be found in the local rules.

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