The Notice of Intent to Proceed After Refusal of Service notifies the party that despite the refusal, the legal action will proceed and a default order will be entered unless the party appears for hearing sends the legal documents to the party by regular mail with a Notice of Intent to Proceed After Refusal of Service (GN16).Upon receipt of the proof showing the service was refused, and at least ten (10) days before obtaining a default order, CSS staff: Parties who reject or refuse service by certified mail are considered properly served and a default order may be entered.
A best practice is to set the hearing at least eight weeks from the date of mailing. Once the party is located, staff sets the hearing far enough in the future for service to occur. Certified mail is usually not appropriate if case history indicates a low probability of acceptance of service by mail. Certified mail is used when service to the AOR or by Acknowledgment and Waiver is not appropriate or is unsuccessful. Certified mail, return receipt requested, delivery restricted to the addressee (referred to in this article as certified mail), is proper service in legal actions, except where a party is incarcerated in a Department of Corrections (DOC) institution.