In what instance can a process server utilize "substituted service"?

Substituted service is a method used by process servers when the primary recipient is not available to receive legal documents directly. This typically occurs when the individual cannot be found at their usual place of residence or work, or if they are absent on the scheduled service date. The law recognizes that in such cases, a reasonable alternative method of service should be available to ensure the legal process can continue.

In this instance, if the primary recipient is unavailable, the process server is allowed to serve someone else at the recipient's residence or place of business, or in some jurisdictions, send the documents via mail after a reasonable effort to serve the individual directly. This ensures that the recipient is still informed of the legal actions being taken against them while fulfilling the requirement of due process.

Using substituted service when the primary recipient is unavailable facilitates the court's procedures and ensures that legal actions can progress despite the individual's absence, thereby promoting fairness in the legal system.