What is required if the defendant cannot be personally located after reasonable diligence?

• A. Abandon the case.
• B. Pursue substituted service or service by publication as permitted, and document all due diligence attempts.
• C. Wait indefinitely without service.
• D. Send a generic notice to a random address.

Answer: (B)

When you can’t locate the defendant after reasonable diligence, you must use an alternative method authorized by the rules rather than giving up or waiting indefinitely. The two allowed routes are substituted service and service by publication, and you must document every attempt to locate the defendant.

Substituted service means delivering the papers to someone other than the defendant at a place where the defendant can be found, such as the defendant’s dwelling or principal place of business, and to a person who is likely to pass the notice along. The method must be one that is reasonably calculated to give the defendant actual notice. If substitution is permitted, you follow the rules for who can be served and how.

Service by publication is used when the defendant cannot be located despite diligent search. This involves publishing the required notice in a newspaper of general circulation (often in the county where the action is filed) for the period required by the rules or court order, and then completing the proper proof of publication and service.

Crucially, you must document all due diligence attempts: dates, addresses checked, people contacted, methods used (in person, mail, phone), results of each attempt, and any leads pursued. This record shows the reasonableness of the efforts and justifies moving to substituted service or publication.

Abandoning the case, waiting indefinitely, or sending a generic notice to a random address do not meet due process requirements and are not proper ways to effect service.