What happens after an affidavit of non-service is filed with the court?

Being a professional process server based out of Maryland offering nationwide services, we know how annoying it can be when a defendant seems to vanish into thin air. Whether they are purposefully avoiding service, their contact information is out-of-date, or they have just become inaccessible, a failed service attempt can cause havoc with legal procedures. Often, the next step when this occurs is filing an affidavit of non-service. But what happens after an affidavit of non-service is filed with the court? This blog outlines the process, potential outcomes, and helpful tips to ensure your case is actively being worked on.

What is an Affidavit of Non-Service?

An affidavit of non-service is a sworn statement provided by a process server (or law enforcement official) detailing every effort taken to serve legal documents like summons, complaints, or subpoenas. Consider it a paper trail attesting to your above-and-be tracking down of the defendant.

This paperwork is used by courts to verify that the server used “due diligence” – a legal word denoting your actions in line with reasonableness to serve the defendant. Judges could be hesitant to use alternative service methods without this affidavit being filed with the court.

What Happens Next? A Step-by-Step Breakdown

Once the affidavit is filed, the court steps in to review your efforts. Here’s what you can expect:

Review by the Court: Was Your Effort Enough?

Judges want to see strategic persistence, not only a count of efforts. Among the important questions they will probe are:

Did you visit the defendant’s house, business, or other recognized location multiple times?
Were efforts made at different hours (mornings, evenings, weekends)?
Did you hunt the defendant down using public documents, databases, skip tracing, or other tools?

Should the court determine your efforts fell short, they could ask you to try once again. On the other hand, the judge will probably permit alternate service methods if your affidavit demonstrates genuine efforts were made.

2. Plan B – Alternative Service

When personal service isn’t possible, courts can authorize creative workarounds. These vary by state but often include:

Certified Mail:Sending documents via mail with a return receipt.
Service by Publication:Publishing a notice in a local newspaper (common when the defendant’s location is unknown).
“Nail and Mail”:Posting documents on the defendant’s door and mailing a copy.
Electronic Service:In some states, email or even social media (like Facebook or LinkedIn) may be approved.

Use Professional Process Servers LawServePro

People often rely on professional and private process servers like LawServePro should the first attempt of service prove inadequate. We hunt elusive offenders using deep public record searches, surveillance, and skip-tracing software. Because of our experience negotiating these difficulties, courts often view affidavits from seasoned process servers as reliable sources.

Potential Outcomes: How the Case Moves Forward

The court’s decision after reviewing your affidavit can shape the case in three ways:

1. The Case Proceeds with Alternately Service

Once approved, the plaintiff can proceed even if the defendant avoids conventional service. For example, the plaintiff may pursue a default judgment if the defendant does not answer the following service by publication. However, this may increase the timeline of your case.

2. Dismissal or Delay

If the affidavit lacks precision or the plaintiff fails to pursue alternate ways, the action may be rejected (though generally “without prejudice,” which means it can be refiled) or postponed until adequate service is obtained. This is why detailed documentation in your affidavit is essential.

3. The Defendant Responds Voluntarily

Rarely does alternate service notify the defendant about the matter and cause them to show up for court. This keeps the procedure on schedule and helps to prevent a default ruling.

How to Prevent Non-Service Headaches?

Although filing an affidavit of non-service is a good option, avoiding the need for one saves time and frustration. This is how you increase your success rate:

Verify addresses using licensed databases and social media under skip tracing.
Visit sites at different times—early mornings, late evenings, weekends—many tries.
Stake out properties if you believe there to be evasion. Timestamped images and GPS-stamped documents give your work more legitimacy.
Share ideas to improve techniques (e.g., serving the defendant’s workplace) with process servers.

Why Use a Private Process Server?

A private process server is an expert process server that doesn’t merely knock on doors; they also solve mysteries. At LawServePro, we have:

Verified addresses by comparing them to utility bills and voter registration records.
Collaborated with coworkers, neighbors, or landlords to gather leads.
If other means of service have been exhausted, the defendant’s registered agent or a family member may be served by petitioning the courts.

An affidavit of non-service is a pivot point rather than a dead end. Courts provide other routes since they realize that service is not always easy. Working with a process server who won’t give up will help you.

If you’re struggling to serve legal documents in Maryland or anywhere in the United States, reach out to us at LawServePro today. We blend local expertise with cutting-edge technology to ensure your papers land where they need to go, keeping your case on track and your clients confident.

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

Here at LawServePro, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!

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What happens after an affidavit of non-service is filed with the court?

What happens after an affidavit of non-service is filed with the court?

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

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