Process servers are legally required to serve documents directly to the intended recipient whenever possible.
But what happens when the recipient avoids service, is never home, or refuses to answer the door?
That’s where substituted service comes in—a legal workaround that ensures the case moves forward, even if the recipient can’t or won’t be found.
Let’s break it down.
What Is Substituted Service?
Substituted service is a legal method of serving court documents to someone other than the intended recipient—but only under specific conditions.
It is used when personal service is impossible or impractical, ensuring that legal proceedings don’t stall just because someone is avoiding service.
When Can Substituted Service Be Used?
Substituted service is not automatic. It can only be used when:
1. The Process Server Has Made Multiple Attempts at Personal Service
Courts require process servers to make good-faith efforts to serve the recipient directly before allowing substituted service.
This typically means:
- Multiple attempts at different times of the day (morning, afternoon, evening).
- Service attempts spread over several days.
Example: A process server tries to serve John at his home three different times, but he is never there. At this point, substituted service may be an option.
2. The Papers Are Given to a Responsible Adult at the Recipient’s Address
If the recipient is unavailable, the process server may be allowed to leave the documents with a responsible adult at the same residence.
That person must be:
- Over 18 years old
- Likely to give the documents to the intended recipient
Example: A process server arrives at Jane’s home, but she isn’t there. Instead, her husband accepts the documents. This is considered valid substituted service.
Important: Some states require the process server to also mail a copy of the documents to the recipient after leaving them with a household member.
3. The Papers Are Left at the Recipient’s Workplace (If Allowed by Law)
Some states allow process servers to leave documents with:
- A manager, supervisor, or HR department at the recipient’s workplace.
- An authorized employee designated to accept legal documents.
However, not all workplaces allow service on company property—it depends on state law and company policy.
Example: Mark dodges service at home, but he works at a law firm. A process server leaves the papers with his office manager, following legal requirements.
Important: Some states prohibit workplace service, so this is not always an option.
4. The Court Approves Alternative Methods of Service
If all other service attempts fail, a process server can petition the court for alternative service methods, including:
- Posting Service – Leaving the papers on the recipient’s front door.
- Service by Mail – Sending legal documents via certified mail.
- Service by Publication – Publishing a legal notice in a newspaper or online (used when a defendant is missing or their whereabouts are unknown).
Example: A tenant hides to avoid an eviction notice. The landlord’s attorney asks the court for permission to post the notice on the rental property door and mail a copy. The court grants the request—the tenant is now legally served.
Important: Alternative service must be court-approved—a process server cannot decide to use it on their own.
When Substituted Service CANNOT Be Used
Substituted service is not always an option. It CANNOT be used when:
- The defendant has not been properly identified – Service must be attempted at a valid address where the recipient is believed to live or work.
- The case requires strict personal service – Some legal documents must be delivered directly to the recipient, including:
- Restraining Orders
- Criminal Subpoenas
- Summons for Felony Charges
- The process server did not make enough attempts at personal service – Courts will reject substituted service if the process server hasn’t tried enough times.
Example: A process server tries serving Steve only once, then immediately posts the documents on his door. The court rejects the service because the process server did not make enough personal attempts first.
Can a Defendant Challenge Substituted Service?
Yes. If someone was not properly served, they can challenge it in court.
Valid Reasons to Challenge Substituted Service:
- The process server did not try enough times before using substituted service.
- The process server left the papers with an unauthorized person (e.g., a child, a random neighbor, or a co-worker).
- The recipient never received a copy by mail (if required by state law).
- The process server used an invalid address (e.g., leaving papers at an old residence).
What to Do:
- File a motion to quash service in court.
- Provide proof (e.g., camera footage, witness testimony) that service was improper.
- Consult an attorney to challenge the service.
If substituted service is ruled invalid, the case may be delayed or dismissed until proper service is made.
Final Takeaway: A Legal Workaround for Hard-to-Serve Defendants
- Substituted service ensures legal cases move forward—even when a defendant is evasive.
- It requires multiple failed attempts at personal service before being used.
- Strict legal guidelines must be followed, often requiring court approval.
- If done incorrectly, it can be challenged and ruled invalid in court.
Because when justice needs to move forward, the law finds a way.
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The Process Server
13416 North 32nd Street #110F, Phoenix, Arizona 85032, United States
Phone: +1 (602) 675-2333
Email: [email protected]
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