service by publication

service by publication
n.
Publication of a summons or other document as an advertisement in a newspaper named by the court, used in cases where the defendant cannot be found.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


service by publication
Serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to attempt to notify a defendant who is intentionally absent, in hiding, or at an unknown address. It's allowed only after a judge has been convinced, based on a sworn declaration, of the serving party's inability to find the defendant after trying hard. Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without a leaving a forwarding address or to give notice to people who might have a right to object to a "quiet title" action to clear title to real estate.
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

service by publication
n.
   serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to give "constructive notice" to a defendant who is intentionally absent, in hiding, unknown (as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence" (trying hard). Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address or to give notice to people who might have a right to object to a "quiet title" action to clear title to real property.
   See also: service of process

Law dictionary. . 2013.

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Look at other dictionaries:

  • service by publication — Service of process by publishing it in a newspaper in compliance with terms and conditions prescribed by statute. 42 Am J1st Proc §§ 89 et seq …   Ballentine's law dictionary

  • service — ser·vice 1 n 1: the act of delivering to or informing someone of a writ, summons, or other notice as prescribed by law after service of process see also notice by publication at notice, s …   Law dictionary

  • service of process — n. The formal delivery to a defendant of the complaint, summons, or other legal document to notify him or her that a lawsuit has been brought. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell …   Law dictionary

  • Service of process — is the procedure employed to give legal notice to a person (such as a defendant) of a court or administrative body s exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or… …   Wikipedia

  • service of process — The service of writs, complaints, summonses, etc., signifies the delivering to or leaving them with the party to whom or with whom they ought to be delivered or left; and, when they are so delivered, they are then said to have been served. In the …   Black's law dictionary

  • publication — To make public; to make known to people in general; to bring before public; to exhibit, display, disclose or reveal. Tiffany Productions v. Dewing, D.C. Md., 50 F.2d 911, 914. The act of publishing anything; offering it to public notice, or… …   Black's law dictionary

  • service of process — The delivery or other communication of a summons, writ, or other process to the opposite party, or other person entitled to receive it, in such manner that, as provided by law, he is charged with having received it, whether by reading the paper… …   Ballentine's law dictionary

  • publication of process — See service by publication …   Ballentine's law dictionary

  • publication of summons — See service by publication …   Ballentine's law dictionary

  • service — [ sɛrvis ] n. m. • v. 1050; lat. servitium « esclavage » I ♦ Obligation et action de servir (un supérieur, une autorité). A ♦ 1 ♦ Ensemble des devoirs que les citoyens ont envers l État, la société, et des activités qui en résultent. Admin.… …   Encyclopédie Universelle

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