New York City Process Server Practice Test

The term for when a defendant cannot be found despite reasonable attempts to serve them is known as due diligence. In the context of process serving, due diligence refers to the efforts made by the process server to locate the defendant and deliver legal documents personally. This might include visiting known addresses, attempting to make contact at different times, and utilizing available resources to ascertain the individual's whereabouts.

This concept is crucial in the legal process because when a defendant is elusive, demonstrating due diligence can be important to the court, particularly if alternative methods of service need to be pursued, such as service by publication. Establishing that reasonable attempts were made ensures that a party cannot simply avoid legal action by evading attempts to serve them. Understanding due diligence helps ensure that legal processes respect the rights of defendants while also allowing plaintiffs to advance their cases without unnecessary delays caused by an unlocatable defendant.