What happens if a court bailiff has not been able to serve to the respondent?

Answer 1

The terminology of your question may be imprecise, because a bailiff is usually an in-court official whose job it is to keep order in the courtroom.

Depending upon the jurisdiction, personal service of process is attempted by a sheriff's deputy or by an appointed process server. The purpose of service of process is to put that party being sued on notice of the suit and give him/her the chance to defend and to be heard. It is also the way that the court obtains jurisdiction over the person being sued and over the subject matter of the action.

While personal service process (actual delivery of the suit papers to the other party) is the ideal, there are some circumstances under which the law may excuse it. This may include situations when, despite a diligent search for the other party, he/she cannot be found. In that case, some sort of constructive service may be allowed (such as by publication), but if this happens, there may be legal limitations in the type of relief that the court is able to render.

What the court can do when there has been no personal service of process is dictated by State law. However, some sort of service of process is generally necessary for the court to have jurisdiction over the parties and the subject matter of the proceeding and in order for it to do anything.