Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action, such as a paternity, child custody or child support case is pending against him or her.
What is Service by Publication?
When a legal action is initiated against a defendant, and that defendant cannot be found to accept delivery of legal documents, service by publication may be permitted by a judge's order. This process refers to official notification published in the newspaper. Notice of publication must conform to certain legislated guidelines in the areas of process and format.
How Does Service by Publication Work?
This process refers to the act of serving a summons or another legal document pertaining to a lawsuit by publishing it in a general-circulation newspaper. It gives “constructive notice” to an unknown, intentionally absent or in-hiding 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 has been given of the failure to locate the defendant after exercising due diligence. The court considers publication effective whether or not it is read by the defendant.
If you have exhausted all of the methods to have the individual served by personal service, you may be able to have the person served through another method, specifically Service by Publication.
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