What happens if the intended recipient is unwilling to be served or is difficult to locate?

In Arkansas, there are several ways of serving a difficult defendant or someone who is avoiding service. If the defendant or intended recipient cannot be found, Arkansas rules permit an application by affidavit to the court, either by the party or by his attorney. The affidavit must state that the party cannot be found and that a diligent search for the party has been made. If approved, the clerk of the court will issue a warning order.  The warning order must be placed for two consecutive weeks in a newspaper with a general circulation in the county where the action is filed. Additionally, the warning order must be mailed to the defendant’s last known address by restricted mail. The Arkansas process servers at ServingPapers.com will be able to supply the information for the affidavit, stating that they have attempted service and need a warning order to serve the defendant. While this is the exception and not the rule, our knowledgeable process servers have dealt with this situation before and know how to help get a warning order, if needed.

 

Other methods of service in Arkansas are permissible. Often referred to as “substituted service,” legal papers may be left with someone at the defendant’s residence who is at least 14 years of age and who resides there.

 

Hiring local Arkansas process servers from ServingPapers.com is essential, as they know all the laws and rules for proper service of process.

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