How to Have Someone Served in Another State
- 1). Ensure the defendant's address is current to the best of the plaintiff's knowledge. The law will not support a plaintiff who has not diligently attempted to locate the current whereabouts of the defendant. If the plaintiff contends that he could not effectuate service of process upon an out-of-state defendant, the judge will immediately ask what measures he took to attempt proper service of process. Due diligence is required in locating the defendant and the plaintiff should take adequate steps to ensure he has the correct physical mailing address.
- 2). Effectuate service in a manner prescribed by the state within which the plaintiff resides. If the state code allows for personal service by the plaintiff, he is within the law to travel to the defendant's residence and deliver the service himself. Process servers may also be used upon out-of-state defendants assuming the defendant's current location is known. Many state codes state that service of process by certified mail is acceptable as well. The plaintiff may also effectuate service by any method prescribed by the out-of-state jurisdiction. Thus, if the plaintiff's jurisdiction disallows service in the workplace but the defendant's jurisdiction permits service in the workplace, the plaintiff may arrange for service in this manner if feasible.
- 3). Arrange for return of service of process or other proof of service. Most jurisdictions require proof that the defendant has been served. This can be in the form of an affidavit signed by the process server or defendant himself certifying the defendant received notice of the pending lawsuit. The document must set forth the date, time, manner and upon whom the papers were served. If the defendant refused delivery, the sheriff or process server must so indicate in the affidavit.
- 4). File return of service documents with the court clerk where the lawsuit is to take place. The court must have proof that process was served by an affidavit signed by the defendant or process server. If service of process was impossible due to lack of knowledge as to the defendant's whereabouts, the plaintiff must submit an affidavit indicating he diligently attempted to locate the defendant and could not do so.
