Q: I filed a writ of mandamus in circuit court but the case is still open because the other party couldn't be served as
they didn't leave a forwarding address. When I called the circuit court the clerk informed me I need to contact a lawyer to find out what I need to do next.
A: You must either locate and serve the defendant, or meet the requirements to support a motion for issuance of an order allowing "alternative service" (which can include mailing to the last known address, posting notice in the courthouse, etc.). To qualify for alternative service, you must show reasonable and diligent attempts to locate the defendant, and prove those attempts (e.g., hire a private investigator to do a search of available public databases to locate the person, then attach an affidavit from them as to the efforts and results), or if you know where the defendant is but they are evading service (refusing to answer the door, etc.) then your process server can sign an affidavit as to the number of attempts when there is evidence of the person being in the residence but refusing to answer. What is not sufficient is merely having a wrong/outdated address for the defendant and just not knowing where the defendant is located. Failure to take action may result in the court dismissing your case for lack of prosecution.
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