§ A406-17. Summons; methods of service.  


Latest version.
  • A. 
    The summons may be served upon the defendant within the county in like manner as in the Supreme Court, except as otherwise provided in this act or in rules adopted pursuant thereto.
    B. 
    An order for substituted service of a summons upon a defendant, whether a domestic corporation other than a municipal corporation, a joint-stock or other unincorporated association having a president or treasurer residing within the county, or a natural person residing within the county, may be made by the Court or a Judge thereof upon satisfactory proof that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons within the county.
    C. 
    The summons shall not be served by publication, except that in an action in which a warrant of attachment has been granted, an order may be obtained within 30 days after the granting of the attachment, providing for the service of the summons upon the defendant by publication.
    D. 
    Where a warrant of attachment has been granted, service of the summons, in lieu of publication, may be made personally upon the defendant within or without the county, whether or not an order has been made for service by publication.
    E. 
    Where a warrant of attachment has been granted, and the summons cannot, with reasonable diligence, be served within the county, it may be served by leaving a copy thereof, together with the warrant of attachment and the inventory of the property attached, at the last known place of residence of the defendant in the county, with a person of suitable age and discretion, or, if such person cannot be found there, by posting them on the outer door, and also depositing another copy of each in the post office, enclosed in a sealed, postpaid wrapper, directed to the defendant at his residence. If the defendant has no place of residence in the county, the Marshal shall deliver a true copy of the summons, warrant and inventory to the person in whose possession the property attached is found and send another copy of each, by registered mail, addressed to the defendant at his last known address. The defendant's return receipt, the summons and an affidavit of compliance herewith, shall be filed with the Clerk of the Court within 30 days after the defendant's return receipt is received by the plaintiff. Service of process shall be complete 10 days after proof thereof is filed.
    F. 
    The provisions of the Civil Practice Act and the Rules of Civil Practice governing like service in the Supreme Court shall apply where the summons is served pursuant to the provisions of § A406-17B, C and D.