A motion for substituted service is a formal request made to a court, asking for permission to serve legal documents to a defendant using an alternative method when standard service attempts have failed. This motion must detail the attempts made to serve the defendant and propose a new method for service that the court may approve.
This term is commonly used in civil litigation, particularly when a plaintiff cannot locate a defendant to serve them with legal documents. It is relevant in various legal areas, including family law, contract disputes, and personal injury cases. Users can manage the process themselves with the right resources, such as legal templates provided by US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
(Hypothetical example) If a landlord is trying to serve eviction papers to a tenant who has moved without providing a forwarding address, the landlord may file a motion for substituted service. The motion could propose serving the papers by posting them on the property and mailing them to the last known address.
In Texas, the relevant law governing substituted service is found in Tex. R. Civ. P. 106. This rule outlines the methods of service and the requirements for filing a motion for substituted service.
| State | Key Differences |
|---|---|
| Texas | Requires an affidavit detailing service attempts and proposed methods. |
| California | Allows for service by publication under certain circumstances. |
| New York | Requires a court order for substituted service and specific proof of attempts. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Service of Process | The formal delivery of legal documents to a party. | Substituted service is used when standard service fails. |
| Personal Service | Delivering documents directly to the defendant. | Substituted service is an alternative when personal service is not possible. |
If you find yourself needing to file a motion for substituted service, consider the following steps:
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