When a process server is unable to locate a defendant for service of process, the appropriate action is to file a motion for alternative methods of service. This approach acknowledges that the traditional method of personal service has not been successful and seeks permission from the court to use a different method to serve the defendant.
Alternative methods of service may include options such as serving the documents via certified mail, publishing a notice in a newspaper, or possibly serving a family member or co-worker if permitted by the court. The need for alternative service arises from the legal requirement that defendants must be properly notified of legal actions, ensuring that their rights are upheld in the judicial process.
This course of action allows the process to continue without unnecessary delays due to the inability to find the defendant, demonstrating diligence and compliance with legal protocols. Other options, such as giving up on serving the documents or waiting for the defendant to approach, do not fulfill the obligation to serve process and could lead to complications or delays in legal proceedings.