Sometimes the process server cannot "legally" complete the delivery. That doesn't always mean your case is over.
There are very specific laws regarding service of process and how it must be completed. Service must follow the regulations that pertain to the court with jurisdiction over, or the right to hear, your case. If service cannot be completed in a way that meets all legal requirements, you may end up with a bad address or a non-service.
Process servers will continue to make attempts until diligence is met or the documents are delivered.
What does it mean to meet diligence?
The law demands that we show that every reasonable measure has been taken to make contact with, and provide documents to, the servee.
At a minimum, meeting diligence means making the number of attempts required by the court. The number, timing, and details of what must be done at each attempt are often defined by the court. Otherwise, we will make up to 6 attempts following our diligence standards.
At ABC Legal, we encourage our process servers to adopt a mindset wherein they are continuously making persistent and meaningful attempts to serve documents. We ask our process servers to attempt on different days and at different times of day. We require them to take note of what occurs at each attempt and seek information that could help determine if the individual in question is in residence or not, such as their vehicle being on the property (if a plate is provided), packages addressed to the individual, or their name listed on a mailbox.
What's a bad address?
A bad address is an address where we have attempted service and either
- Confirmed during attempts that the recipient likely does not live there, often by speaking to a resident, neighbor, or property manager
- When a process server completes the attempts necessary to meet court diligence requirements and has not been able to serve the documents at a location.
A bad address doesn't necessarily mean the end of your case. If there's another address you'd like us to attempt, please visit the Case Details page associated with the original order and tell us where to go next.
Please note: new or additional addresses will incur a new service of process fee. We charge per person, per address, per case.
What's non-service?
Non-service is when service is complete but is not successful. This often happens when there's a bad address or if the party to be served cannot be served at an address after diligence has been met.
In this case, you will receive a proof of non-service for the address(es) attempted.
Common reasons for non-service:
- A current resident confidently states that the individual has moved or is not known to them
- A property manager or leasing office states with confidence that the individual has moved away
- The process server encounters multiple indicators that the property is vacant
- Confirmation from the defendant that they have moved
- The address does not exist, is abandoned, is a place of worship, a nursing home
- There are severely unsafe conditions on the property for the process server
- There are no-trespassing signs or laws preventing entry to the property
If service cannot be completed at the address provided, the process server will complete a proof of non-service for your records. Proof of non-service may need to be filed with the court. Please review the laws of your court for more information.
What are some other reasons service cannot be completed?
The individual cannot currently be served at the location where delivery is being attempted based on court regulations. Some common reasons include:
- Is incarcerated
- Is on vacation for an extended time period
- Is living in a nursing home or assisted living facility
- Is deceased
What can I do after non-service?
After non-service, you have some options.
If there's another address you'd like us to attempt, please visit the Case Details page associated with the original order and tell us where to go next. Please note: new or additional addresses will incur a new service of process fee.
We charge per person, per address, per case.
In some states, reaching non-service after meeting diligence requirements can help you build a case for alternate service, or service but non-standard means. Your proof of non-service from ABC Legal can be helpful in these cases. While it varies between court systems, alternative service options can include service by posting and certified mail, publication, or sub-service to a co-resident.
Please seek appropriate legal counsel if you would like to confirm laws regarding service of process or alternative service in your court.