When any type of legal action is begun toward a defendant, and the defendant is not able to be found for acceptance of the delivery of the legal documents, then the service by publication might be approved by a judge. This is the process that refers to the official notification that is put in the local newspaper. The notice of publication is used to confirm that there are certain legislated guidelines in the process and format. It is most commonly used for actions of divorce, where one spouse is not able to be located.
How Does the Service By Publication Actually Work?
This is the process that refers to the action of serving a summons or other type of legal document that pertains to the lawsuit in a newspaper. It provides a type of ‘constructive notice’ to the unknown, in hiding or intentionally absent defendant. The constructive notice makes the assumption that the defendant is receiving the notice even in situations when it is not able to be given face to face. The service of process is only permitted on the judge’s order after some type of sworn declaration is given of the inability to locate the person after a period of due diligence.
When is the Service by Publication Actually Allowed?
There are three primary methods that can be used for delivering service of process which include service by publication, substituted service and personal service. When you hire a process service, they can provide either personal or even substituted service, and service by publication is only used as a last resort.
It is important to understand this, especially if you are filing for divorce and unable to locate your spouse. This will provide you with the options necessary to deliver the legal documents.
