Court-Approved Alternative Service Solutions for Attorneys

Alternative service is a legal mechanism that allows a plaintiff to serve court documents by a method other than personal or substitute service—usually by posting a copy at the defendant’s address and mailing a second copy. This method is only available when multiple, good-faith attempts at traditional service have failed.

To obtain court approval for alternative service, attorneys must demonstrate that diligent efforts were made to serve the defendant directly. This is proven through a Due Diligence Affidavit, which outlines each attempt to serve, when it was made, what was observed, and any investigative work used to confirm the defendant’s address. In D.C. and Maryland, a Motion for Alternative Service is also required, along with a proposed order for judicial signature.

Maryland: Governed by Rule 2-121(c), which permits alternative service when personal service cannot be accomplished despite reasonable diligence, and upon motion supported by affidavit.

District of Columbia: Under Rule 4(c)(3), the court may authorize service “by any method reasonably calculated to give actual notice.” This may include posting, mailing, or other creative means, as long as they are clearly supported by a factual record.

Virginia: The Commonwealth generally permits substitute service (household member) or posting without motion, but in contested or high-value cases, a motion may be required. This falls under Code § 8.01-296 and related provisions.

Disclaimer: While our affidavits and motions are accepted by courts throughout the region, there is no guarantee that any particular judge will approve a motion for alternative service. Some judges may require additional rounds of service attempts, enhanced investigation, or supplemental affidavits. These requests will incur additional charges, which we will always disclose up front.