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What happens if service of process fails?

Why service fails, and what the next step usually is.

Service can fail because the address is wrong, the person moved, the building is locked or the person is avoiding contact. A failed attempt rarely ends the job. Usually it means the facts need work before the next step.

Common reasons service fails

  • Wrong or out-of-date address
  • The person no longer lives there
  • Attempts keep landing at the wrong times
  • Gated communities, secured buildings or other access problems

What usually happens next

Depending on what we learned, the next step might be more attempts at better times, a different address, a skip trace, or a call with you before any more work is done. We check with you before doing extra work that adds to the cost.

If service cannot be completed, you get a declaration of attempted service listing every attempt. That document can support a motion for alternative service.

This guide is general information. It is not legal advice and does not replace instructions from the court or your attorney.

RelatedWhat to do when the address you have is outdated