In the United States, personal service and substituted services are the most common forms of service of process. Personal service is the easiest for defendants to challenge for legality. The publication is another method of service or process. Publication, for example, is one way to do service of process.
If a defendant is not located, publication may be helpful as a method of serving process. This method gives constructive notice, not actual notice. This is the least acceptable form of service, according to the Constitution. Service via publication in California is permitted by Code of Civil Procedure 415.50 Public posting is another option for the service of process. This is often used when the defendant cannot be found. Public posting, as the name implies, is posting a notice at a location where the defendant is likely to be found.
Although public posting can serve the process, it may sometimes prove problematic. Public posting may indicate that the plaintiff is aware of the defendant’s location Illinois Process Server but has been slow in locating him. Public posting could also suggest that the plaintiff may have only guessed at the places the defendant might frequent.
There are two types of documents: documents that must be served personally (service by the process) and documents that can be emailed, mailed or handled electronically (eService). These two types of documents differ in how they produce results. Here are some key distinctions to make.
The role of the eService in civil litigation can be described as eService acts as an electronic substitute for service to opposing counsel. This part of civil litigation was traditionally done with printed facsimiles and the U.S. Mail.
However, the 21st century is different. Online technology and email now make it possible to exchange documents electronically. There are some restrictions. California’s law, for example, allows papers to be electronically served only if the party or another person has consented to electronic service in this specific case.
One other restriction regarding eService in California? Some documents are not permitted to be exchanged electronically. Electronic service is not allowed for records that must be sent by registered or certified mail. Substituted services are a way to serve a plaintiff when personal service is impossible or the plaintiff cannot locate the person to be done. Substituted service is only available to persons at least 18 years old who are not listed in the case. Covered services also require that another copy of the papers be sent by first-class mail to the same address as the original papers.
State law may also require documents mailed to the person served to substitute for standard substituted services requirements. It is necessary for California, New York, Illinois, and elsewhere. You should check to see if your state has this requirement.
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