Thursday, April 16, 2015

SUBSTITUTED SERVICE OF SUMMONS





"x x x.

IT IS ONLY WHEN THE DEFENDANT CANNOT BE SERVED PERSONALLY WITHIN A REASONABLE TIME THAT A SUBSTITUTED SERVICE MAY BE MADE. 

IMPOSSIBILITY OF PROMPT SERVICE SHOULD BE SHOWN BY STATING THE EFFORTS MADE TO FIND THE DEFENDANT PERSONALLY AND THE FACT THAT SUCH EFFORTS FAILED. 

THIS STATEMENT SHOULD BE MADE IN THE PROOF OF SERVICE. 

The requisites of a valid substituted service: 
(1) service of summons within a reasonable time is impossible; (2) the person serving the summons exerted efforts to locate the defendant; 
(3) the person to whom the summons is served is of sufficient age and discretion; 
(4) the person to whom the summons is served resides at the defendants place of residence; and 
(5) pertinent facts showing the enumerated circumstances are stated in the return of service.

x x x."