What should I do if the Person to be Served does not Reside at this address?
Report all the information you can, using as many pre-generated options in ABC Mobile as possible.
Servees are not always at the address we're trying to find them at. Non-Service occurs generally when sufficient evidence has been gathered that the subject does not reside and that evidence has been entered into ABC Mobile. It can also occur when it's clear a servee won't be located at a certain address within a reasonable time frame.
If residents are simply not answering see the No Contact page on how to proceed.
Identify When Not To Serve
In the following cases select Attempted and use the pre-generated options in ABC Mobile to describe the circumstances.
Do not serve if the Subject:
- Is incarcerated (in jail or prison). Note: it IS allowed to serve someone at the jail or prison they are incarcerated in.
- Has filed for bankruptcy.
- Suffers from a terminal illness, mental disability, or other permanent hardship. If they seem unfit to accept service, do not serve
- Will not be available for some time - for instance, if the defendant is a trucker on a long delivery route, is on a month's vacation, or is working temporarily in an isolated place.
- Is deceased, do not serve the documents to anyone. If you find that one is available, ask politely if you could see a death certificate and take a picture of it to submit with the attempt notes.
Common Non-Serve Scenarios
- A current resident confidently stating that the subject is unknown or has moved away, followed by other indicators that the subject does not reside. Whenever possible, try to obtain the name of anyone providing you information and include it in your submission.
- A leasing office stating with confidence that the subject moved away (the subject not being on the lease is not enough).
- A neighbor confirming with certainty that the subject used to reside but moved from the attempted address (the neighbor simply being unaware of who the person is not sufficient).
- Multiple pieces of evidence indicate an address is vacant. A neighbor saying, "I don't think anyone lives there" is not enough.
- A phone call from the defendant, stating that they have moved and providing a better address, after submitting a record of the phone call in ABC Mobile.
- If the address
- Doesn’t exist, is abandoned, burned down, etc.
- Is a place of worship or nursing home.
- If a resident is threatening or tells you not to return.
- If there is a no trespassing sign on the property, after other efforts have been made to determine if the subject resides, such as trying to reach the subject by phone or to speak with neighbors.
- If customer-specific instructions disallow service at an address. For example, there are occasions where you could be sent to a place of employment and given instructions not to serve at place of employment. Under "Attempt" select "Per Person" and "Service not permitted".
Resolving a Non-Residency
After enough evidence has been gathered or enough attempts made, ABC Legal will Non-Serve an order for an address. Occasionally these orders will be reviewed by an ABC Legal employee, but for the most part this process is automatic. At this point a Proof of Non-Service will be sent for you to sign.
Returning to a Non-Served Address
After attempts at an a performing an investigation, or attempting other addresses, we may want to try an address previously Non-Served. This will always be a new order that will pay out again, though our goal is to hopefully find new information.