When is substituted service considered valid?

• A. Substituted service is valid only when authorized by court order and proper attempts at personal service are made.
• B. Substituted service is valid whenever the recipient is not available.
• C. Substituted service is never valid.
• D. Substituted service is valid for subpoenas only.

Answer: (A)

Substituted service is a practice used only when personal service cannot be completed, but due process is still protected through two essential steps: you must make proper attempts to serve the person personally, and you must obtain a court order authorizing substitution. The idea is to show the court that you tried to reach the individual directly, and only after those efforts fail do you rely on a court-approved substitute method. When a court order exists and there have been diligent personal service attempts, substituted service is considered valid because it has the judge’s blessing and a reasonable effort to notify the recipient.

Solely serving by substitute because the recipient isn’t available isn’t enough without that court authorization. And substituted service isn’t limited to subpoenas; it can apply to general service of process as governed by the rules, provided the prerequisites—reasonable personal-service attempts and a court order—are met.