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What must I do to ask Federal Court to allow service by publication?

Washington, DC |

Defendant hides from service, certified letters are returned unclaimed. He has custody of my daughter, receives child support - but is hiding from service. The Courts extended our time limit to serve him, (rule 4), directs Marshal to serve. But he is slippery. We know where he lives and works. We know he hides. I sent a Certified Letter to child support, tracking his payment activity and Certified Letter to his Embassy, asking them to contact him. I get letters from my daughter who lives with him! So - how do I ask for service by publication?

Attorney Answers 1

  1. I don't believe that there is a basis in either the DC or the Federal Rules for service of the initial complaint by publication. If the Marshall's Service has not be successful you may want to try a private process server - some of them can be very resourceful, for a fee.

    This response is intended to provide general information, but not legal advice. The response may be different if there are other or different facts than those included in the original question. See for more information on why this communication is not privileged or create an attorney-client relationship.

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