What Happens if the Individual Being Served a Subpoena is Evasive or Cannot Be Found? · 2020
When the court cannot locate the individual named in the legal documents, the court may allow service of the subpoena via mail or newspaper. Prior to allowing service through mail or newspaper, the court can request that a reasonable attempt be made to serve the individual named in the legal documents.
The court may have the legal documents served on any family member over the age of 14 who resides in the same household. The service in the State of New Jersey is known as “Substitute Service”. If the legal documents are regarding divorce petitions which requires an individual to be served personally, “Substitute Service” cannot be applied. During the Due Diligence process, “Substitute Service” should be used as a last resort.