Professional Service by Publication
When a defendant or respondent cannot be located after reasonable efforts, service by publication may be an option permitted by the court. Excell Process Service assists attorneys, law firms, businesses, and individuals with the publication process by coordinating legal notices and preparing supporting documentation.
Our experienced team provides reliable support throughout the service by publication process, helping clients move their legal matters forward while meeting jurisdiction-specific rules and deadlines.
What Is Service by Publication?
Service by publication is a court-approved method of serving legal notice when personal service cannot reasonably be completed because the recipient cannot be located or other required service efforts have been unsuccessful. Our team helps clients prepare for the publication process and coordinate the required documentation.
Due Diligence Before Service by Publication
Before a court authorizes service by publication, the requesting party may need to demonstrate that reasonable efforts were made to locate and personally serve the defendant or respondent. The specific due diligence requirements vary by jurisdiction and case type.
Due diligence may involve reviewing available records, conducting address searches, checking known contact information, and documenting previous attempts to locate or serve the individual.
Properly documenting these efforts can be important when submitting a motion for service by publication. Excell Process Service can assist with the process of documenting reasonable search and service efforts and preparing the information needed for publication coordination.
When Service Via Publication May Be Allowed
Courts may authorize service via publication in certain legal matters after other methods of service have been unsuccessful. Although requirements vary by jurisdiction, publication service is commonly requested in cases involving:
- Family law matters
- Civil lawsuits
- Probate proceedings
- Property disputes
- Business litigation
- Other court-approved cases
Before attempting to serve by publication, it is important to obtain the necessary court approval and follow the procedures required in the applicable jurisdiction.
Motion for Service by Publication
In many cases, the court requires a motion for service by publication before legal notice can be published. This request generally explains the efforts made to locate the individual and asks the court for permission to use publication as an alternative method of service.
Publication Service Coordination
Our publication service includes coordinating with approved newspapers or authorized publications, arranging publication schedules, monitoring deadlines. Excell Process Service helps coordinate the publication requirements so that notices are published according to the instructions provided by the applicable court.
Proof of Publication
Proof of publication is an important part of completing service by publication. After the required legal notice has been published, the newspaper or authorized publication generally provides documentation confirming that the notice was published as required.
Depending on the jurisdiction, this documentation may include an affidavit of publication, publisher’s affidavit, certificate of publication, or similar proof.
Excell Process Service helps obtain and coordinate proof of publication so clients have the documentation needed for their legal matter. Because filing requirements differ by jurisdiction, clients should ensure the appropriate proof is submitted to the court according to its rules and deadlines.
How Long Does Service by Publication Take?
The time required for service by publication depends on the court, jurisdiction, publication requirements, and the number of times the notice must be published. Some jurisdictions require publication on specific dates or for a specific number of weeks.
The process may also take additional time if court approval is required before publication, if due diligence documentation must be completed, or if the court has specific filing and proof-of-publication requirements.
Excell Process Service can help coordinate the required publication schedule, monitor applicable deadlines, and obtain proof of publication after the notice has been completed.
State-Specific Publication Requirements
Requirements can differ substantially between jurisdictions. For example, the procedures for service by publication in Florida may differ from those applicable to a Texas case, including publication periods, filing requirements, approved publications, and proof-of-publication procedures.
Because publication requirements are jurisdiction-specific, it is important to follow the applicable court rules and obtain any required authorization before publication begins.