Serve eviction papers by substituted service

Your server must try to deliver the papers to your tenant multiple times before using substituted service.

• At least 2 to 3 tries

• On different days and times (when your tenant is likely to be home or at work)

• Each attempt must be written down, with date, time, and address

A judge will only allow substituted service if you can show your server made enough attempts.

On the last try, your server can:

• Leave the papers with a responsible adult (18 or older) who lives at the home, or

• Leave the papers with an adult in charge where your tenant works (like a manager).

Your server must:

• Tell the person the papers are legal documents for the tenant, and

• Write down that person’s name. If they refuse, the server must write a detailed physical description.

After leaving the papers, your server must mail a copy to the tenant at the same address they left them (home or work).

Your server must prepare a Declaration of Due Diligence. This explains every time they tried to serve the papers, including:

• Dates and times of day

• Addresses visited

• What happened each time (for example, “No one answered the door” or “Not in the office”).

Your server must sign this declaration under penalty of perjury.

• There’s no special form, but your server can use Declaration (form MC-030). 

Your server must also complete a Proof of Service of Summons (form POS-010).

• The server fills in when and where they served the papers.

• The server signs the Proof of Service and gives it back to you, along with the Declaration of Due Diligence.

• Make a copy of the Proof of Service and the Declaration of Due Diligence.

• File the original and the copy with the court where you filed your eviction case.

• The court keeps the original and stamps your copy.

• Keep the stamped copy for your records.