What is the difference between personal service and substituted service?

The distinction between personal service and substituted service is rooted in how legal documents are delivered to a party involved in a legal process. Personal service is characterized by directly handing the legal documents to the individual they are intended for. This method ensures that the person receives the documents in a clear and unequivocal manner, typically providing evidence that they have been officially notified of the legal proceedings.

On the other hand, substituted service comes into play when personal service is not feasible. This method involves delivering the legal documents in a manner defined by law, which often includes alternative recipients, such as a family member or a co-worker, or by leaving the documents at their home or specified location. Substituted service is a way to ensure that the individual still gets notified about the legal action without requiring direct contact.

Understanding this distinction is essential because it impacts the validity of the service and the subsequent legal proceedings. If personal service cannot be executed, substituted service offers a legally acceptable alternative to ensure that parties are informed, maintaining the integrity of the legal process while adhering to procedural requirements.