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Conspicuous Service

Conspicuous service is one of the ways to deliver legal papers that start a case. The papers are left for the defendant or respondent in a place where they are likely to be found and copies are mailed. But, the papers can’t be left just anywhere. The law tells you where.

 

When Papers Can Be Left

Papers can’t be left unless the server first tried to find the defendant or respondent. The server has to try at least two times at different times of the day or on different days. If the plaintiff or petitioner knows the other side’s schedule, he or she should tell the process server so there is a better chance that the papers will be hand delivered. Otherwise, the server should try between 6:00 am and 10:00 pm.

If the plaintiff or petitioner knows that the other side is never at the place that the server tries, this not a good try because there is no chance that the papers would be hand delivered. The other side could ask the court to dismiss the case by making a motion to dismiss the case.

 

Where Papers Can Be Left

Legal papers must be left in the right place. Civil cases and landlord-tenant cases have different rules.

In a civil case, like consumer debt cases, after the attempts, the papers can be taped to the defendant’s door at his or her home or place of work.

In a landlord-tenant case, like a nonpayment case, after the attempts, the papers can be taped to the door or slipped under the door of respondent’s home. The legal papers can’t be left at the respondent’s work.

 

Mailings

If service is done by conspicuous service the papers also have to be mailed to the defendant or respondent the right way. Read about additional Mailings.

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