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Serve eviction papers by posting and mailing

You can only use service by posting and mailing if a judge gives you permission. This type of service is used when personal service and substituted service didn’t work.

 

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What is service by posting and mailing?

  • Your server posts a copy of the Summons and Complaint where the tenant will see it (for example, on the front door of the home).

  • Then, your server mails another copy by certified mail to the tenant’s home address.

Service is considered complete 10 days after mailing.

How to serve by posting and mailing

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  • Try other service methods first

    Before you can ask for permission to use posting and mailing, your server must try:

    • Personal service (handing the papers directly), and

    • Substituted service (leaving the papers with another adult and mailing a copy).

    The server must keep records of all attempts.

  • Ask the judge for permission

    If both personal service and substituted service fail:

    • Your server writes a statement (called a Declaration) describing the dates, times, addresses, and what happened with each attempt.

    • The server can use Declaration (form MC-030).

    • You file a request asking the judge to allow service by posting and mailing.

    • The self-help center or law library may have forms or can guide you through this request.

  • Post and mail the papers

    If the judge gives permission:

    • Your server posts the papers on the tenant’s home in a place they will clearly see them.

    • Your server then mails another copy by certified mail to the tenant’s home address.

  • Fill out and file Proof of Service

    • Your server fills out a Proof of Service of Summons (form POS-010).

    • The server signs the form and gives it back to you, along with the declaration of attempts.

    • Make a copy of both documents.

    • File the originals and the copies with the court where you filed your eviction case.

    • The court keeps the originals and stamps your copies. Keep the stamped copies for your records.

What happens after posting and mailing

  • Service is complete 10 days after mailing.

  • The tenant then has 10 court days (not including weekends or court holidays) to respond.

  • If the tenant doesn’t respond, you can ask the court for a default judgment the next day.

Key takeaways

  • You can only use service by posting and mailing if the judge approves it.
  • Your server must first try personal service and substituted service.
  • The server must file a Declaration (form MC-030) explaining all attempts.
  • If allowed, the server must both post the papers on the tenant’s home and mail a copy by certified mail.
  • Service is complete 10 days after mailing, and tenants then have 10 court days to respond.
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