Service By Publication Explained

Have you ever tried to serve a habitual couch surfer? It’s not easy. Once you start sending certified mail, suddenly nobody knows where they went or how to contact them. It’s a common foolish tactic used by defendants looking to avoid court — if they evade being served and ignore attempts to contact, they think there's no case. 

That’s not true. There’s certainly a case, but actively avoiding being served with court summons would be similar to withdrawing individual participation. So when you cannot serve an individual, the final step to contact them would be “service by publication.”

Service by publication is important because if a defendant cannot be located, they are still held responsible if any judgment is placed against them during the court processes. Let’s discuss what you’ll need to know when attempting to serve a nomad.

What is Service By Publication?

A service by publication is a published warning order in a county newspaper informing an individual that they have 30 days to respond, otherwise a court case will move forward without their involvement. It is the final attempt to reach the absent party for court proceedings. 

In Arkansas, the warning order must run for two weeks, back-to-back, in the county newspaper where the court case is located. The first publication must be at least 15 days ahead of the court hearing.

Steps Before Service By Publication

Service by publication is reserved for individuals that cannot be physically served with Summons And Complaint paperwork. The responsibility to find the defendant lies with the plaintiff, or the individual who has filed the lawsuit. 

Before a court will allow service by publication, an individual gives a sworn statement (an affidavit) detailing the failed attempts to contact the other party. You’ll need to prove that you’ve exhausted all means of locating the other person including a postmarked, returned service by mail. 

This affidavit is filed with the court clerk and a warning order is given. Once the warning order is received, service by publication can begin. 

In Forma Pauperis Option

If you are facing financial hardship, you may ask for a court fee waiver (referred to within the legal system as in forma pauperis). When the plaintiff is granted a waiver, they are permitted to post the warning order to the court bulletin board for 30 days. 

This is the only service by publication option where the plaintiff does not pay the local county newspaper to run the warning order for two weeks. Otherwise, you are responsible for the fees and timely posting of the warning. 

Hickey & Hull Can Help You Serve Legal Papers

Serving a habitual couch surfer is not easy, but for lawyers, it’s just another day at work. The legal professionals at Hickey & Hull have helped clients looking to serve court summons across the state of Arkansas. No area is too urban or too rural — we’ll serve the defendant by mail or publication so that your court case proceeds. 

Looking to get started? Our online agent can help you schedule a consultation for legal aid today!