Substitute Service

When the actual person being sued is not personally served, she/he may properly be served by handing the summons and complaint to "a person of suitable age and discretion residing" at the defendant’s home. Handing the papers to a guest, such as a baby-sitter or a visitor, is not satisfactory. Handing the papers to a child age ten may not be satisfactory, as that child cannot be presumed to comprehend the importance of a summons and complaint. Handing the papers to a 17-year-old daughter, however, would probably be satisfactory substitute service, as long as she lives in the defendant’s home.