Legal Definitions - substituted service

Substituted service is a method of serving legal documents to someone when personal service is not required. Personal service is when the party filing the document physically hands the paper(s) to the other party. Substituted service can be used in situations where personal service is not required, such as when a plaintiff serves a summons in in-rem and quasi-in-rem actions.

Examples of substituted service include:

• Leaving the papers with an agent of the recipient
• Leaving them with an adult of sound mind at the recipient’s home
• Leaving them at the corporation’s office, or place of transacting business
• Posting the papers in a public place, like a courthouse door, and then mailing copies of the documents to the recipient(s)

For example, if a plaintiff is trying to serve a defendant who is avoiding personal service, they may be able to use substituted service by leaving the papers with someone at the defendant's home or place of business. This ensures that the defendant has notice of the legal proceedings and their rights are protected.