When our agents work to serve recipients, they take detailed notes surrounding the event. This can include information about the location, interactions with the recipient, and more. If our agents successfully serve the documents, their sworn affidavits of service are accepted by the Courts as proof of service.
In some cases, our agents may not be able to serve the documents directly. In such instances, the agents will provide an affidavit of attempted service. This can serve as supporting evidence in court, demonstrating the efforts made to serve the documents, or even suggesting that the recipient no longer resides at the listed address.
Understanding Substituted Service
Substituted service refers to a court order that allows for documents to be served in a manner different from the usual prescribed means of service. This usually occurs when the respondent cannot be located or reached for personal service. For example, if the respondent of a Federal Circuit Court Application for Divorce cannot be located at their last known address, the applicant may request substituted service.
Substituted service can include various methods of delivery such as email, post, fax, text message, or even through Facebook. However, it is crucial to provide strong evidence that the chosen method of service will ensure the documents reach the respondent.
Service of Divorce Documents: Handling Non-Acceptance
Clients often express concerns about ex-partners refusing to accept service of divorce documents. However, it’s essential to understand that there are ways around this refusal that are recognized by the court. The server must identify the recipient and either hand over the document or, if refused, place the document on the ground in the recipient’s presence.
What To Do When Personal Service of Divorce Documents is Not Possible
In cases where personal service of divorce documents is not possible, despite reasonable attempts, an application for substituted service can be made. This application requests the court to permit service of documents through alternative means, such as email, fax, post, or text message.
The decision to grant substituted service takes into account various factors including the efforts made to serve the document, the likelihood of the recipient becoming aware of the document, available communication methods, the cost to the serving party, and other relevant matters.
To succeed in an application for substituted service, you must demonstrate that all reasonable steps were taken to serve the documents personally without success, and that the proposed alternative method of service will likely bring the documents to the recipient’s attention.