A motion for substituted/alternative service is a request to the Court to give you permission to serve the defendant using methods other than personal service. Learn how this can help your case.
Occasionally, you may have exhausted every reasonable effort to serve the defendant but still fall short of serving them personally. Luckily, the Court has several alternative methods of service for defendants that are difficult to locate. These alternative, or substituted service methods can include:
Before you can use these alternative, or substituted service methods, however, you must obtain permission from the Court in most states in the US. This is where a Motion for Substituted/Alternative Service comes in. This motion states, under penalty of perjury, 1) the steps you have taken to locate the other party, 2) the reason why you should be granted permission to use substituted service, and 3) which method of substituted service you request. The Court may deny your motion if they find your information unsatisfactory, requiring you to make further attempts to serve the other party personally.
A motion is simply a written request or proposal to the Court to obtain the Court’s permission to do something you requested. Follow these steps to prepare your Motion for Substituted/Alternative Service:
If your private process server or sheriff has made attempts to serve but failed, the first thing to do is ask them for an Affidavit of Non-Service. This will show the Court all the attempts you have made to serve the defendant.
In order for the Court to grant you permission, you must show that you have made but exhausted all reasonable efforts to locate the defendant. Some common methods for locating a defendant's address include:
If you find a new, valid address, you must attempt to serve it before requesting a Motion for Substituted/Alternative Service. Remember to document your efforts here - your attempts to locate and serve a new address shows the Court that you have done your due diligence.
A motion application to a court usually includes two things: (1) the motion requesting the relief/action and; (2) an order that the Judge signs if your motion request is approved.
Step 1. To draft your motion, check your courthouse's website or google “[your state] motion for substituted/alternative service form,” and usually, a reliable template can be found.
Step 2. As part of your motion, include (1) documentation of your service and research efforts and (2) what form of substituted/alternative service you'd like to request. Be sure to research which options are permitted by your state, some examples of substituted/alternative service include:
Step 3. File your motion with the court by in-person filing, mailing, or e-filing (if available).
If you filed your claim through Dispute, you can also use us to file your motion.
All you need to do is prepare the following documents and upload them to your Dashboard:
Please remember that the requirements for requesting substituted/alternative service vary from state to state. This is a generic guide, and it was not specifically written to conform to your state's laws and requirements. No outcome is guaranteed, and everything is ultimately left to the discretion of the judge. This article was written to provide legal information; nothing within this article should be construed as legal advice.
