New Mexico Substituted Agreement
Description
How to fill out Substituted Agreement?
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FAQ
Substituted service is used after several attempts to personally serve the papers have failed. For substituted service: The server tries to personally serve the papers on the other party a number of times (usually 3 or more) but cannot find the party at home (or work, if that is the address the server has).
SUBSTITUTED SERVICE (b) By leaving copies of the summons at the defendant's office or regular place of business with some competent person in charge thereof.
Substituted Service As per this rule, the Court shall order that a copy of the summons be affixed on some conspicuous place in the Courthouse and also on some conspicuous part of the house in which the defendant is known to have last resided or carried on business or personally works for gain.
- If a party does not respond to a motion within fifteen days as required by Paragraph D of this rule, the moving party may submit a proposed order to the judge or the judge sua sponte may enter an appropriate order.
: the service of a writ, process, or summons otherwise than by personal service (as by mail or publication or by leaving it at a defendant's place of business or residence or with an agent) called also constructive service.
Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party, or by mailing a copy to the attorney or party at the attorney's or party's last known address. Service by mail is complete upon mailing.
Section 44 currently provides that electronic transmission of documents to a sheriff is possible, and that the sheriff may serve a printout/copy of that document received electronically, as if it were an original. However, Section 44 does not authorize the sheriff to serve any document by electronic means.
When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.
Write the facts relevant to the motion. At the end of each sentence, write where evidence of that fact can be found. See the Instructions for more detailed information. Explain your response to each of the arguments made in the Motion.
Substituted service is when the process server is able to serve you indirectly by giving the documents to another court-approved friend or family member, publicly publishing the process, sending it via snail mail, or dropping it off at your workplace.
