Serve eviction papers by substituted service
If your server tried several times to personally deliver the papers to your tenant but couldn’t, you may be able to use substituted service.
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What is substituted service?
Substituted service means:
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Your server leaves the papers with another adult (18 or older) who either lives at the tenant’s home or appears to be in charge at their workplace, and
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Your server then mails a copy of the papers to the tenant at the same address they left the papers.
Service is not complete until 10 days after the mailing.
How to serve by substituted service
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Try personal service first
Your server must try to deliver the papers to your tenant multiple times before using substituted service.
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At least 2 to 3 tries
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On different days and times (when your tenant is likely to be home or at work)
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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.
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Leave the papers with another adult
On the last try, your server can:
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Leave the papers with a responsible adult (18 or older) who lives at the home, or
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Leave the papers with an adult in charge where your tenant works (like a manager).
Your server must:
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Tell the person the papers are legal documents for the tenant, and
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Write down that person’s name. If they refuse, the server must write a detailed physical description.
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Write a Declaration of Due Diligence
Your server must prepare a Declaration of Due Diligence. This explains every time they tried to serve the papers, including:
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Dates and times of day
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Addresses visited
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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.
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There’s no special form, but your server can use Declaration (form MC-030).
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Fill out and copy the Proof of Service form
Your server must also complete a Proof of Service of Summons (form POS-010).
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The server fills in when and where they served the papers.
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The server signs the Proof of Service and gives it back to you, along with the Declaration of Due Diligence.
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What happens after substituted service
- Service is complete 10 days after mailing.
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The tenant then has 10 court days (not including weekends or court holidays) to respond.
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If the tenant doesn’t respond in time, you can ask the court for a default judgment the next day.
Key takeaways
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Substituted service is only allowed after multiple failed attempts at personal service.
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Your server must leave the papers with another responsible adult and mail a copy to the tenant.
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Service isn’t complete until 10 days after mailing.
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Your server must complete two documents:
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Declaration of Due Diligence (explains all attempts)
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Proof of Service of Summons (form POS-010)
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You must file both documents with the court.