Constructive Service

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 served.
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

  1. The defendant is a resident of another state, or county and their residence is known
  2. The residence of the defendant is unknown
  3. The defendant is a resident of the state but has been absent from the state for a specified time AND there is no person available in the state upon whom service would bind them
  4. The defendant conceals themselves so that the process cannot be served AND there is no one in the state upon whom service would bind them

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. hrt.gif - 168 Bytes

Constructive Service is authorized for a Corporation in five situations

  1. When All of it's officers, directors, general managers, cashiers, resident agents, and business agents are absent from the state
  2. When all of the persons listed above cannot be found in the state
  3. When all of the listed persons conceal themselves so that process cannot be served to bind the corporation
  4. When the whereabouts of all the listed persons is unknown to the affiance
  5. When the names of the listed persons is unknown to the affiance

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.



Persons whose names are not known may be served by publication.
The affidavit must state whether they are heirs, devisees, assignees, lienors, grantees, creditors, trustees, or otherwise. It must also state whether they derive their claims by, through, under, or against a known person who is dead or known to be dead or alive, an organization doing business under a name indicating that might be a corporation or otherwise, as appropriate.
Diligent Search must be made (and alleged) to discover the unknown parties. In addition it must be alleged that they are interested in the subject matter of the cause of action.

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