Constructive Service is called Service by Publication in many jurisdictions. Service by publication is authorized when the statutes, state, or federal constitution do not require personal service. It is used for in rem or quasi in rem proceedings. Constructive service may be made on :
Necessity is the basis for constructive service. Condition Precedent to service
by publication is an affidavit alleging the statutory requisites for each of the above categories which will be
Either the party, or his agent, or attorney can execute the statement.
The AFFIDAVITS MUST BE MADE UPON PERSONAL KNOWLEDGE AND NOT ON BELIEF OR INFORMATION
The four situations in which a Natural Person may be constructively served are
The statement must allege that a diligent search and inquiry had been made to discover the
name, residence, and age of each defendant and the statutory language for one of the four situations
for which the service is authorized.
Constructive Service is authorized for a Corporation in five situations
The affidavit must allege that a diligent search and inquiry had been made to discover the true name, domicile, and principle place of business of the corporate defendant ( whether foreign or domestic ), whether dissolved or ever qualified to do business in the state and the statutory language of one of the situations for which the service is authorized.
Constructive Service by persons who have or may have done business as a corporation is authorized in the same situations as a corporation.
The affidavit must allege that the names and residences of persons interested in the business have been sought. In addition the affidavit must assert that that the parties have operated or done business and the affiance has been unable to determine whether the organization was a corporation, either domestic or foreign.
As always a diligent search must be made to determine the names and places of residence of the persons upon whom service is sought and must be alleged.
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