What is substituted service?

Substituted service — often shortened to "sub-service" — is a backup method of service used when the process server can't personally serve the documents on the defendant after diligent attempts.

When sub-service is allowed

Every state requires the server to first make a reasonable number of personal-service attempts. The most common standards:

• California (CCP §415.20): 3 attempts at different times of day
• New York (CPLR §308(2)): After due-diligence personal attempts
• Texas (TRCP 106(b)): After court approval following sworn motion
• Florida (F.S. §48.031): When the defendant is unavailable for personal service

Who counts as a "competent adult"

Each state defines this differently:

• California: A person of suitable age and discretion
• New York: Person of suitable age and discretion at the defendant's actual residence/business
• Illinois: A member of the family who is 13 or older
• Florida: Any person residing at the defendant's place of abode who is 15+
• Texas: Person over 16 at the defendant's usual place of abode

The mailing requirement

Sub-service is only complete after the server also mails a second copy of the documents — usually first-class mail — to the same address. Service is deemed effective 10 days after the mailing in most jurisdictions.

Common failure modes

Sub-service can be invalidated when:

• The recipient was a visitor / guest, not a resident
• The recipient was under the state's age threshold
• The server didn't make enough diligent personal attempts first
• The mailing wasn't completed or wasn't documented
• The address wasn't actually the defendant's usual abode

Servd's affidavit automatically captures each diligence attempt with timestamp + GPS + photo so sub-service can be defended if challenged.