18 Aug What Is Alternative To Personal Service?
Are you one of those wondering what the following phrase mean? “What Is Alternative To Personal Service??” You are not alone.
Let’s assume that you are involved in a legal proceeding and about to serve a legal document on a respondent.
You make the first attempt to serve the respondents at the address on the court paper but the respondent wasn’t at home to receive the document.
Maybe they moved, maybe something changed, and they did not leave behind any other way of finding them. There is a deadline to serve a process, and not meeting it can put you in trouble. You used most of the time available to try and locate them but was not able to. The lawsuit still has to go on. What do you do?
In these cases, the law gives the possibility of an alternative to personal service. It consists on a set of rules on who to serve the documents in case it is impossible to serve them in person. It varies depending on who is to be served:
At Place of Residence
if serving an individual, you can leave the document in a sealed envelope with another adult in the place, then send another copy by mail to the same address;
If you cannot find anyone that can receive the documents on behalf of the corporation, such as a principal, director, or attorney, you can mail a copy of the document to the corporation’s address or to their attorney and mailing a copy to each of the corporation’s directors;
To Lawyer of Paralegal
if the lawyer or paralegal of the defendants have been authorized by them to receive services, you may serve the processes directly to them;
By Registered Mail
In case the document being sent is a claim (that is, a plaintiff’s claim or a defendant’s claim), it may be sent by mail or courier to the other party’s place of residence, provided that any adult in it signs the receipt of delivery.
In the first two cases, service is considered effective on the fifth day after it was delivered.
If you intend to send it by mail (that is, normal mail, instead of registered mail), bear in mind that it has to be sent to the person’s (or their representative’s) last address known to you. If it is to be served by the clerk, it will be sent to the last address registered in the court.
It also shall take effect on the fifth day after being sent. It is similar when it is being sent by courier. It can also be served by fax, taking effect on the same day or the following day.