Legislation
SECTION 735
Manner of service; filing; when service complete
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 735. Manner of service; filing; when service complete. 1. Service
of the notice of petition and petition shall be made by personally
delivering them to the respondent; or by delivering to and leaving
personally with a person of suitable age and discretion who resides or
is employed at the property sought to be recovered, a copy of the notice
of petition and petition, if upon reasonable application admittance can
be obtained and such person found who will receive it; or if admittance
cannot be obtained and such person found, by affixing a copy of the
notice and petition upon a conspicuous part of the property sought to be
recovered or placing a copy under the entrance door of such premises;
and in addition, within one day after such delivering to such suitable
person or such affixing or placement, by mailing to the respondent both
by registered or certified mail and by regular first class mail,
(a) if a natural person, as follows: at the property sought to be
recovered, and if such property is not the place of residence of such
person and if the petitioner shall have written information of the
residence address of such person, at the last residence address as to
which the petitioner has such information, or if the petitioner shall
have no such information, but shall have written information of the
place of business or employment of such person, to the last business or
employment address as to which the petitioner has such information; and
(b) if a corporation, joint-stock or other unincorporated association,
as follows: at the property sought to be recovered, and if the principal
office or principal place of business of such corporation, joint stock
or other unincorporated association is not located on the property
sought to be recovered, and if the petitioner shall have written
information of the principal office or principal place of business
within the state, at the last place as to which petitioner has such
information, or if the petitioner shall have no such information but
shall have written information of any office or place of business within
the state, to any such place as to which the petitioner has such
information. Allegations as to such information as may affect the
mailing address shall be set forth either in the petition, or in a
separate affidavit and filed as part of the proof of service.
2. The notice of petition, or order to show cause, and petition
together with proof of service thereof shall be filed with the court or
clerk thereof within three days after;
(a) personal delivery to respondent, when service has been made by
that means, and such service shall be complete immediately upon such
personal delivery; or
(b) mailing to respondent, when service is made by the alternatives
above provided, and such service shall be complete upon the filing of
proof of service.
of the notice of petition and petition shall be made by personally
delivering them to the respondent; or by delivering to and leaving
personally with a person of suitable age and discretion who resides or
is employed at the property sought to be recovered, a copy of the notice
of petition and petition, if upon reasonable application admittance can
be obtained and such person found who will receive it; or if admittance
cannot be obtained and such person found, by affixing a copy of the
notice and petition upon a conspicuous part of the property sought to be
recovered or placing a copy under the entrance door of such premises;
and in addition, within one day after such delivering to such suitable
person or such affixing or placement, by mailing to the respondent both
by registered or certified mail and by regular first class mail,
(a) if a natural person, as follows: at the property sought to be
recovered, and if such property is not the place of residence of such
person and if the petitioner shall have written information of the
residence address of such person, at the last residence address as to
which the petitioner has such information, or if the petitioner shall
have no such information, but shall have written information of the
place of business or employment of such person, to the last business or
employment address as to which the petitioner has such information; and
(b) if a corporation, joint-stock or other unincorporated association,
as follows: at the property sought to be recovered, and if the principal
office or principal place of business of such corporation, joint stock
or other unincorporated association is not located on the property
sought to be recovered, and if the petitioner shall have written
information of the principal office or principal place of business
within the state, at the last place as to which petitioner has such
information, or if the petitioner shall have no such information but
shall have written information of any office or place of business within
the state, to any such place as to which the petitioner has such
information. Allegations as to such information as may affect the
mailing address shall be set forth either in the petition, or in a
separate affidavit and filed as part of the proof of service.
2. The notice of petition, or order to show cause, and petition
together with proof of service thereof shall be filed with the court or
clerk thereof within three days after;
(a) personal delivery to respondent, when service has been made by
that means, and such service shall be complete immediately upon such
personal delivery; or
(b) mailing to respondent, when service is made by the alternatives
above provided, and such service shall be complete upon the filing of
proof of service.