Courts generally treat service by publication as a last resort, available only after a documented, diligent effort to locate and personally serve the defendant has failed. Requirements and the threshold for what counts as "diligent" vary meaningfully by state.
Before a court will authorize publication, it typically wants to see a genuine investigative effort — address searches, attempted service at known locations, and other reasonable steps. We document this process thoroughly to support your motion for permission to publish.
Once a court authorizes publication, we coordinate placement in a qualifying newspaper or legal publication in the appropriate jurisdiction, meeting the specific frequency and duration requirements set by that court and state.
After the publication period concludes, we obtain a formal affidavit or certificate of publication from the publisher, which is then filed with the court as proof that this method of service was properly completed.
Common Questions
Generally only after a court finds that personal service isn't reasonably possible despite a genuine, documented effort to locate the defendant. Courts vary in how strict this standard is applied.
In most jurisdictions, yes — you typically need to file a motion supported by an affidavit of diligent search and obtain court approval before publication is a valid method of service.
Requirements vary by state and sometimes by county, generally requiring a publication of general circulation in the area connected to the case or the defendant's last known location. We confirm the correct outlet for your specific court.