Trying to serve legal papers to someone who doesn’t want to be found can feel impossible. Whether the person moved, is intentionally avoiding service, or provided false contact information, the responsibility still falls on you to complete proper service. Courts require proof that you’ve made every reasonable effort to locate them before allowing other methods.
At Freestate Investigations, our licensed process servers specialize in locating hard-to-find individuals and executing legally compliant service across Maryland, D.C., and Virginia. From skip tracing to motions for alternative service, we handle the details so you don’t risk case delays or dismissed filings.
Key Takeaways
- Courts require documented proof of due diligence before granting alternative service.
- Skip tracing can help locate defendants who’ve moved or are evading service.
- Motions for alternative service allow serving through mail, posting, or publication.
- Freestate Investigations provides lawful, efficient service across Maryland, D.C., and Virginia.
Why Some Defendants Are Hard to Serve
Not every person wants to be found. Defendants sometimes move without leaving forwarding information, relocate out of state, or purposely avoid anyone who might deliver court papers. Others may not realize that ignoring service only delays legal proceedings and can lead to court penalties.
Process serving laws still require you to prove that every reasonable attempt was made to locate the individual before turning to alternative methods. That’s where professional experience matters. Working with a licensed process server ensures all attempts are properly documented and admissible in court.
Learn more about our standard service procedures on our Process Services Near Me page.
Legal Requirements Before Alternative Service
Before a judge will authorize substitute or alternative service, you must show “due diligence.” That means you’ve exhausted all standard methods, personal delivery, certified mail, or workplace service—without success.
Courts typically require:
- A record of each service attempt (including time, date, and address).
- Proof of efforts to locate the person, such as skip tracing results.
- A motion or affidavit requesting permission for alternative service.
For example, the Maryland Courts specify that litigants must show all reasonable efforts to locate the defendant before a judge will approve substitute or publication service.
Failing to demonstrate due diligence can result in rejection of your service attempt. That’s why documentation is critical.
Proven Methods to Serve Someone You Can’t Locate
When personal service isn’t possible, courts recognize several alternative options. The right method depends on the jurisdiction and how thoroughly you’ve attempted to find the person.
1. Use Professional Skip Tracing
Skip tracing is the process of using public records, databases, and investigative tools to locate someone’s current address or contact information. Professionals can uncover new leads that the average person cannot, including recent address changes, employment, or digital activity.
At Freestate Investigations, our skip trace reports are FCRA- and GLBA-compliant, meaning all data is verified and legally sourced for court use.
2. Try Substitute or “Drop” Service
If the individual shares a residence or business address with others, you may be able to serve someone of suitable age and discretion at that location. Substitute service laws vary by state but typically require delivering the documents to another adult at the defendant’s last known address, followed by mailing a copy to the same location.
A process server ensures substitute service meets all procedural rules—otherwise, the court could deem it invalid.
3. File a Motion for Alternative Service
When both personal and substitute service fail, the next step is filing a Motion for Alternative Service. This request asks the court to approve other methods, such as:
- Posting the documents at the last known address.
- Publishing notice in an approved local newspaper.
- Sending service through certified mail or electronic means (where permitted).
The U.S. Federal Rules of Civil Procedure, Rule 4 outlines acceptable service methods and the necessity of court approval for alternate means.
Freestate Investigations assists attorneys and pro se litigants in drafting, filing, and executing these motions in accordance with each jurisdiction’s specific rules.
4. Consider Service by Publication
If the person cannot be located after exhaustive efforts, the court may allow service by publication. This involves running a legal notice in an approved newspaper for a designated number of weeks. While less direct, it satisfies service requirements when no physical address exists.
For instance, Virginia Code §8.01-316 provides guidelines for when publication service is permitted, including the required affidavit of diligence.
A professional process server can help confirm publication compliance and supply proof for your case record.
What Happens If You Serve Incorrectly
Improper service can delay your case or render the entire process void. Courts may dismiss filings or require you to start from scratch. Common mistakes include:
- Serving at an outdated or incorrect address.
- Failing to document each attempt.
- Delivering papers to someone not legally authorized to accept them.
Hiring a trained professional ensures every attempt meets the jurisdiction’s legal requirements and is fully documented for court verification.
Why Hire a Licensed Process Server
Serving someone you can’t find requires precision, compliance, and experience. A licensed process server like Freestate Investigations provides:
- Accurate documentation of all attempts.
- Knowledge of jurisdictional requirements across multiple states.
- Access to verified skip tracing tools unavailable to the public.
- Expert drafting and filing of motions for alternative service.
The National Association of Professional Process Servers (NAPPS) emphasizes the importance of using licensed professionals to ensure valid service and reduce risk of rejection.
Our team has decades of combined experience supporting attorneys, law firms, and individuals in Maryland, D.C., and Virginia. Learn more about our approach here, or contact our College Park, Maryland office for local assistance.
Need Help Serving Someone You Can’t Find?
Freestate Investigations helps attorneys, firms, and individuals locate and serve evasive defendants quickly and lawfully. With licensed investigators, skip tracing tools, and court-compliant procedures, we ensure service holds up in court—no matter how difficult the case.
Contact Our College Park Office today to discuss your case or request assistance.
FAQs About Serving Papers When You Can’t Find the Defendant
Yes, but you’ll need to demonstrate due diligence in locating them. Skip tracing and court-approved alternative service methods are valid options.
It’s the process of using legal data sources to locate an individual’s current address when they cannot be reached through standard methods.
Most courts require multiple documented attempts at different times and days before granting alternative service.
Only if the court authorizes it through a motion for alternative service. Jurisdictions vary in what electronic methods are acceptable. The D.C. Courts provide additional details for local service procedures.
Courts still require proof of effort. Using a licensed process server ensures all attempts meet legal standards and are properly logged.