When a Court orders that personal service take place on an individual this
can be accomplished in several different ways. The first is to have a
process server or an individual who is 18 years of age or older and not
a party to the action deliver the summons and court paperwork directly
to an individual and personally hand it to them.
If a person cannot be found, the summons and court papers can be delivered
to a person of “suitable age and discretion” at the business
or place of residence of an individual. Should these methods not be available
because an individual is avoiding service a “nail and mail”
method can be utilized. This occurs where the summons and court paperwork
are affixed to an individual’s door and the papers are also mailed
via first class mail to an individual.
If a litigant is having difficulty serving an individual consulting with
a process server who serves papers as a regular course of their business
may be a wise decision. These individuals know the rules of service and
know how to make the number of attempts necessary to show a court that
an individual is probably evading service.
The services of an attorney should be sought where one does not know the
location of an individual to be served or any other difficulties are being
had in serving an individual.