What is the "Bad Address" Button for?
Servees are not always at the address we're trying to find them at. Non-Service occurs when you feel confident that a servee won't be located at a certain address within a reasonable timeframe. In ABC Mobile, a non-service is indicated by selecting "Bad Address" and providing details as to why that option was selected. Whenever possible, try to obtain the name of the person providing the information and include it in your submission. For information on what to do if you feel the defendant is simply not answering, see No Contact.
Here are a few reasons one might non-serve an address:
- A current resident confidently stating that the subject is unknown or the subject moved away
- If a current resident reports that the subject is incarcerated (in jail or prison)
- A leasing office confirming that the subject moved away (the subject not being on the lease is not enough. The leasing office must be confident that the individual moved out.)
- A neighbor confirming that the subject used to reside there but moved (the neighbor simply being unaware of who the person is is insufficient)
- If the job needs to be put on hold - for instance, if the defendant is on a month's vacation
- A vacant address - always include details on why you believe the property to be vacant (vacancy or eviction notice, meter off, empty inside, etc). A neighbor saying, "I don't think anyone lives there" is not enough!
- A phone call from the defendant, stating that they have moved
- If the address doesn’t exist, is abandoned, burned down, etc.
- If a resident is threatening or tells you not to return
- If there is a no trespassing sign on the property - please try to reach the defendant without violating the "no trespassing" sign. Phone calls and checking with neighbors are great steps to take before deciding whether it is a bad address.
- If the indicated address is a place of worship or nursing home
- If customer-specific instructions disallow service at that address. We cannot check the validity of every address we ask you to attempt. 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. Simply mark a bad address!
- If the servee suffers from a terminal illness, mental disability, or other permanent hardship. If they seem unfit to accept service, do not serve. (Yes, being dead is permanent. Please do not serve the deceased, as they are unable to answer any court-issued summons)
Resolving a Bad Address
After submitting a Bad Address Event, ABC Legal will investigate the circumstances to see if we can find a new address for the servee or if we should keep attempting the same one. It is not unusual to ask you for more attempts at an address if it was non-served. If the evidence suggests that the person may be avoiding service, ABC will arm you with that evidence to help increase your chances of a successful service.
See also: Personal Service; Substitute Service; and Other Types of Service