When Traditional
Service Breaks Down                     

Traditional service does not always fail because an individual cannot be located. In many matters, the problem is that traditional methods are no longer effectively reaching them.

Verified Digital Service provides a structured process for determining whether validated digital communication channels may provide an additional path to notice.

What is Verified Digital Service?

Verified Digital Service, or, VDS, is a structured litigation support process designed to evaluate whether identifible digital communication channels provide a defensible path to notice.

Every matter begins with a Digital Service Viability Assessment.

The assessment evaluates identifiable digital channels to determine whether they can be reliably attributed to the subject, whether they remain active, and whether they are capable of receiving direct communication.

If the findings support alternate service, the assessment may be used by counsel in support of a motion requesting court authorization for digital transmission.

If authorized by the court, VDS can then execute anmd document digital service through the validated channels identified during the assessment.

Illustration of a desk scene with a yellow folder labeled 'Digital Service Viability Assessment' surrounded by a calendar with marked dates, a pencil holder with pens, a stack of papers, a pair of glasses, a book, a potted plant, and a framed picture of balanced scales on the wall.
Assessment first. Court authorization second. Execution only where appropriate.

Why This Approach Works

In many matters, service doesn not fail because the subject cannot be identified or located.

Instead, the issue is that traditional methods are no longer effectively reaching them.

It is determining whether they are:

At the same time, many individuals maintain active and identifiable digital communication channels that may provide a more reliable path to notice when properly evaluated and documented.

The challenge is not simply identifying those channels.

See How Verified Digital Service Works

When traditional service efforts stall, Verified Digital Service provides a structured process for evaluating whether digital communication channels may offer a defensible additional path to notice.

Watch this brief overview of the assessment, court authorization, digital transmission and documentation process.

Have a Matter Where Traditional Service Has Stalled?

You do not need to know whether digital service is viable before contacting us. That is what the assessment is designed to determine.

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A Two-Phase Process

VDS separates evaluation from execution. Digital service is not presumed to be appropriate simply because traditional service has failed.

PHASE ONE

Digital Service Viability Assessment

The process begins by identifying potential digital communication channels and evaluating whether they provide a defensible path to notice.

Each identified channel is evaluated across three core criteria:

Attribution

Can the channel be reliably attributed to the intended recipient?
Available identifying information is evaluated to establish whether the account, number, address or profile belongs to the subject.

Activity

Is the channel currently active?
Recent activity and other available indicators are reviewed to determine whether the channel appears to remain in use.

Reachability

Can the channel receive direct communication?
The assessment considers whether documents or notice can actually be transmitted through the identified channel.

The completed assessment documents the findings and reaches one of two conclusions:

Findings Support Motion
Not Recommended
Not every matter qualifies. In some cases, insufficient attribution, activity or reachability means digital alternate service should not be pursued.
Learn More About the Assessment

PHASE TWO

Court-Authorized Digital Service

When the assessment supports alternate service, counsel may use the findings in requesting court authorization for digital transmission.

The court determines whether alternate service is authorized.

Once authorized, VDS executes digital transmission through the approved validated channels and preserves records associated with the service effort.

Depending on the authorized method, documentation may include:

Where digital service is performed, VDS prepares an Affidavit of Digital Service documenting the actions taken.

Digital service can operate as an additional layer of notice alongside other court-authorized methods of alternate service.

The Objective is Notice

Traditional methods of alternate service may remain appropriate and, in many matters, will continue to be part of the court-authorized service process.

VDS does not exist to replace those methods.

It provides an additional means of reaching an individual when identifiable and active digital communication channels exist.

When properly evaluated and authorized, adding validated digital channels can increase the likelihood of actual notice when traditional methods are no longer effectively reaching the subject.

When Should Digital Service Be Considered?

A Digital Service Viability Assessment may be appropriate when traditional service is failing, trending toward non-service, or appears unlikely to reach the intended recipient.

01

Repeated Unsuccessful Attempts

Multiple attempts have been made without successful personal service.

02

Apparent Avoidance

The subject appears to reside at a known location but traditional service is not resulting in contact.

03

Difficult or Changing Residence

The subject can be identified, but conventional attempts are unlikely to reliably reach them.

04

Approaching Non-Service

The matter is nearing an affidavit of non-service and counsel is considering available next steps.

05

Early Indicators of Difficulty

It becomes apparent early in the process that continuing the same service strategy is unlikely to produce a different result.

You do not necessarily need to wait until every traditional service option has been exhausted to determine whether a viable digital path exists.

What Attorneys Receive

VDS is designed to provide counsel with a documented record at each stage of the process.

Digital Service Viability Assessment

Documents the identified digital communication channels and the findings supporting the viability determination, including attribution, activity and reachability.

Motion-Support Documentation

Where the assessment supports alternate service, the findings provide counsel with structured factual information that may be used in support of a request for court authorization.

Affidavit of Digital Service

Where court-authorized digital service is executed, the affidavit documents the method, timing, transmission and available supporting records associated with the service effort.

Have a Difficult Service Matter?

If traditional service has stalled or appears unlikely to succees, we can help determine whether identifiable digital channels provide another viable path to notice.

You do not need to determine viability before contacting us.

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