What should a process server do if the defendant is evasive and cannot be served?

• A. Return the case unserved
• B. Post a public notice
• C. Document all attempts thoroughly and seek court approval for alternative service
• D. Serve by mail

Answer: (C)

When a defendant is evasive and personal service can’t be accomplished, you must show due diligence by thoroughly documenting every attempt to serve and then seek the court’s permission to use an alternative method of service. This approach preserves the defendant’s due process rights while ensuring that service is valid and enforceable. By detailing the dates, places, and methods used, you provide a factual basis for the court to authorize an alternative method, such as publication, posting, or another approved method, if appropriate.

Returning unserved skips the due-process safeguard, and attempting to rely on posting or mail without court authorization may render service invalid. The key is to obtain the court’s blessing for alternate service after you’ve demonstrated diligent attempts.