If service returns as 'unserviceable', what should a server do?

• A. Abort the attempt and end the case.
• B. Reassess and attempt substituted service or publication as permitted, documenting all attempts.
• C. Publish the defendant's name in a local newspaper.
• D. File a motion to dismiss without attempts.

Answer: (B)

When service comes back unserviceable, the duty is to keep pursuing delivery using other methods allowed by the rules and to document every step. If personal service isn’t possible, you reassess and try substituted service—leaving the papers at the defendant’s dwelling or usual place of business with someone of suitable age and discretion, and then follow any required steps (such as mailing a copy). If that still fails, service by publication in an appropriate newspaper can be used, but only under the rules that govern when substitute methods are permitted, and you must complete an affidavit or notice showing you made diligent efforts.

This approach ensures due process while keeping the case moving forward, which is why reassessing and attempting substituted service or publication, with thorough documentation of all attempts, is the best course. Aborting the attempt, publishing a name without proper publication procedures, or filing a motion to dismiss without first attempting the allowed alternatives do not meet the diligence required by the rules.