When you are seeking an order from the court for substituted service, there are a few key factors that you will need to consider. The most important of these is ensuring that you have shown that the other party cannot be found or is avoiding process server after making a reasonable effort. This blog post will discuss the key factors you need to consider when applying for a substitute service.
Establish Whether It’s Impractical to Serve
The first factor is whether it would be impractical to serve the other party traditionally. If you have tried to serve the other party at their last known address but have been unsuccessful, this may be a sign that it would be impractical to continue trying to serve them this way. You must prove to the court that you have traditionally attempted to serve the other party and been unsuccessful.
Find Out Risks in the Traditional Serving
Another factor you will need to consider is whether any risks are involved in traditionally serving the other party. If you have reason to believe that the other party may react violently or pose a threat to those attempting to serve them, then this may be a sign that substituted service is necessary.
Consider Whether They Would Evade Service
When you apply to the court for an order of substituted service, you will also need to provide evidence that the other party would be evading service if you were to serve them traditionally. This could be because they have moved and not left a forwarding address or because they are avoiding contact with you. For instance, if you have attempted to serve the other party at their last known address but refused to accept the service, this may be evidence that they are evading service.
Consider Special Circumstances
Finally, you will also need to consider any exceptional circumstances relevant to your application. Suppose there are any exceptional circumstances that you believe would make it difficult or impossible to serve the other party traditionally. In that case, you will need to mention these in your application. Exceptional circumstances could include the other party being a minor or having a mental disability.
In conclusion, there are a few key factors that you will need to consider when making an application to the court for substituted service. If you can show that all of these factors apply to your case, you will be more likely to succeed in applying for substituted service.