When you’re involved in a small claims case, it’s essential to ensure that the defendant is properly served with court papers. If the defendant is hard to locate at their home or workplace, there are specific rules and options that might allow you to serve the papers to an alternate address, such as your parent’s address.
Here’s how it works:
1. Personal Service
Personal service is the most straightforward way to serve papers. This means that someone hands the defendant the necessary documents directly.
- The person serving the papers cannot be involved in the case (i.e., not the plaintiff or defendant).
- The person serving the papers must be over 18 years old and be disinterested (not a relative or involved in the case).
- It’s not allowed to serve papers through a mailbox or by leaving them at the defendant’s door without directly handing them to the defendant.
If you can’t find the defendant or serve them in person, you might consider other methods like substituted service.
2. Substituted Service (Nail and Mail)
If personal service isn’t possible because the defendant is avoiding service or you cannot find them at home, substituted service (often referred to as “nail and mail”) might be an option.
- This method allows you to leave the papers at the defendant’s residence with a competent member of the household (someone over 18 years old). If there’s no one at home, you may post the papers on the door.
- After leaving the papers, you must mail a second copy to the defendant using first-class mail.
- In most states, this service is considered complete 10 days after mailing.
3. Serving at the Parent’s Address
If you are attempting to serve court papers to your parents’ address, there are a few considerations:
- If the defendant resides with your parents or frequently visits, this could be an acceptable location for substituted service.
- You must ensure that someone competent (over 18 years of age) receives the papers at the address and is informed of what the documents are about. Afterward, a second copy must be mailed.
4. Service by Mail (Certified or Registered)
Some states allow serving papers by mail, especially certified mail with a return receipt requested. In this case, the court clerk often handles the mailing, and you are notified once the defendant signs for the documents.
- If the defendant refuses to sign or accepts but denies receiving the papers, the court will likely consider the service valid if the return receipt is signed.
- If the defendant refuses to accept the certified mail, in some jurisdictions, this could still count as proper service.
5. Proof of Service
Regardless of the method you use to serve papers, you must file a Proof of Service form with the court after serving the papers. This form confirms that the defendant has been properly notified of the claim and the hearing.
If you use a process server, they will often file the Proof of Service for you. However, if you serve the papers yourself, ensure that the person serving the papers completes this form and returns it to the court.
6. Considerations for Serving at a Parent’s Address
It is crucial to ensure that serving court papers at your parent’s address is reasonable and that the defendant is likely to be there. Courts typically require service to be at a valid, known address where the defendant resides, so if the defendant doesn’t live at your parents’ home or doesn’t visit regularly, this might not be accepted.
Conclusion
In summary, you can serve court papers to your parents’ address under the substituted service method if the defendant is living there or frequently visits, and if a competent person (over 18) receives the papers. However, the rules can vary by jurisdiction, so you should check with the court clerk or a legal professional to ensure that you follow the correct process.
If you’re having trouble finding the defendant or serving them personally, you might also consider hiring a professional process server to handle the task.