If a legal action is filed against a defendant, and that defendant cannot be located to accept service of legal documents, service by publication may be allowed by a judge’s order. Traditionally, this process is completed by publication in a newspaper of general circulation. Notice of publication must conform to certain state-approved guidelines. It is commonly used in divorce actions to serve a spouse who cannot be found. However, with new technologies available, service by publication may be made by specific electronic methods.
How Does Service by Publication Work?
This process refers to the act of serving a summons or other legal document pertaining to a lawsuit by publishing it in a general-circulation newspaper. It gives “constructive notice” to an intentionally absent or evasive defendant. Constructive notice assumes that the defendant receives the notice even when not delivered in person. This service of process is permitted only on a judge’s order after a sworn declaration by a private investigator has been provided of the failure to locate the defendant after completing due diligence. The court considers publication effective, whether or not, it is actually read by the defendant.
Global Legal Notices provides an efficient way to give “actual notice” to a defendant. In addition to the documents being published, the publication can normally be found on Google after 5 days by searching the defendant’s name and country; it should appear on page 1 of the Google search.
When is Service by Publication Allowed?
The first step in service by publication is to attempt personal service. If that cannot be accomplished because the defendant’s address is unknown, a private investigator must be employed to conduct a thorough search for the whereabouts of the defendant. If unsuccessful in locating the defendant’s current address, an affidavit for publication is prepared and submitted to the court along with the required Application for Service of Summons by Publication. If the judge approves the application, it is published in an appropriate “newspaper” of general circulation, or other appropriate source, such as Global Legal Notices®.
How Long Does the Service Take?
In most states, the notice must be published once a week for four consecutive weeks. At the end of that period, the service is considered complete. A proof of publication is required. Global Legal Notices® goes beyond the minimum court requirements by publishing the notice for three consecutive months. In addition, they publish the actual court-issued documents in English and the foreign language at no additional cost. The publication begins within 24 hours of receipt of the Order for Publication and the Proof of Publication is provided within 24 hours of completion of publication. We are pleased to provide you with a sample Application, upon request, with all of the elements included by contacting us at julie@processnet1.com or phone at 800-417-7623.
Nelson Tucker is CEO of Global Legal Notices, LLC and owner of a major international service firm located in Los Angeles with offices in 7 countries. He has provided legal support services to law firms since 1978. He regularly conducts MCLE courses for bar associations and major law firms. Nelson has authored 4 books on service of process and has written over 80 articles for publication in legal magazines and journals. He is a certified expert witness on international and domestic service of process issues. His website is https://processnet1.com.