How to Handle Cases Where the Subject No Longer Resides at the Provided Address
When serving legal documents, it is essential to follow proper procedures if the subject no longer resides at the address provided. This guide outlines the steps to verify non-residency, document your diligence efforts, and ensure compliance with non-service review requirements.
Overview of Non-service and Diligence Review
Non-service and diligence review processes are designed to confirm whether the subject of a legal document resides at the provided address. If the subject no longer lives there, thorough verification and documentation are required to support a non-service outcome.
Steps for Verifying Non-residency
Obtain Independent Confirmations: - Secure at least two independent confirmations of non-residency. One confirmation must come from the current resident, and the second can be from a neighbor, landlord, or property management. - Speak with neighbors or other individuals who may have relevant information. Record detailed notes about who you spoke with and what they confirmed.
Document All Attempts: - Record all interactions in the app, including statements from residents, neighbors, or other sources. Include details such as the date, time, and outcome of each interaction. - If applicable, log phone calls to numbers listed on the job coversheet. Document the number dialed, date/time, and the outcome (e.g., no answer, voicemail left, wrong number).
Submit Confirmations for Review: - Once you have obtained and documented sufficient confirmations, submit them through the job. The system will automatically move the case to review for non-service.
Common Scenarios and Resolutions
Scenario: The app still prompts for attempts after selecting “Subject Moved.” - Ensure that your interaction with a neighbor or other source is logged as an attempt in the app. Without this documentation, the job may continue to show as needing attendance.
Scenario: Current residents state the subject no longer lives at the address. - Obtain two independent confirmations, including one from the current resident. Record these confirmations in the app to support a non-service outcome.
Documentation Requirements
Record all relevant details in the app, including: - Statements from residents, neighbors, or other sources. - Dates, times, and outcomes of all interactions. - Any additional notes that support your diligence efforts.
By following these steps and maintaining thorough documentation, you can ensure compliance with non-service and diligence review requirements while supporting accurate case outcomes.