Many business professionals are aware of the term “service of process,” but may not be familiar with “substituted service.” Substituted service refers to the delivery of legal documents, such as a summons or complaint, when a party cannot be served through traditional methods like certified mail or in-person service. In this case, the court will approve alternative methods that allow a party to be made officially aware of a legal proceedings.
Given the nature of modern life, very few people stay in the same place for long. A debtor might have moved several times within the state, making in-person service nearly impossible. In these cases, the party attempting to serve the papers may enlist the help of the local court. This is done to request a “substituted service” — where the papers are given to another party, such as a family member who can then pass them along — as a last resort.
In the United States, this can take the form of leaving the documents with a responsible witness, such as a significant other or adult living in the same household as the party attempting to be served. In most cases, the responsible party must be over 18, a U.S. citizen, and have some understanding of the contents of the documents. After receiving the documents, the witness must provide an affidavit as proof of delivery, attesting to the accuracy of the successful delivery.
As with all legal matters, it’s important to ensure that substituted service is used when necessary, and that its implementation follows the statutory and local court regulations. When done correctly, substituted service can successfully deliver legal documents to someone who otherwise may be out of reach.