In a sum of money case, substituted service on the defendant's secretary is proper only if there were prior earnest efforts to personally serve the defendant. Which statement is correct?

• A. Substituted service is always allowed without prior personal service attempts.
• B. Substituted service requires earnest efforts to personally serve the defendant before substituted service.
• C. Substituted service is valid if the secretary is authorized to accept service.
• D. Substituted service is valid if the defendant has waived service.

Answer: (B)

Substituted service is a backup method used only after reasonable attempts to serve the defendant personally have failed. The purpose is to ensure the defendant actually gets notice while not making a futile chase for personal service. Because of this, the rule requires earnest efforts to personally serve the defendant before you may use substituted service, such as serving the defendant’s secretary who is in charge of the office and authorized to receive process. If those personal-service attempts weren’t made, substituted service isn’t proper, even if the secretary is authorized to accept service.

The secretary’s authorization to receive service matters, but it isn’t a free pass by itself. Substituted service is not automatic and hinges on showing due diligence in attempting personal service first; waivers or other scenarios don’t override the basic requirement of making those earnest efforts.