DMV Service of Defendant

DMV service of a defendant in a car accident case is an important tool.  Las Vegas is a very transitory town.  Therefore, t is not uncommon to be unable to find a defendant at the address listed or given to a client following an accident.  At Rise Legal – Steve Dixon Law, we have used DMV service of a defendant in numerous cases.  It is no wonder that Plaintiffs sometimes struggle to locate and serve a driver that has been involved in automobile accident.  Thus, when you are unable to serve a defendant personally, you can next effectuate service of process through the Nevada DMV. 

 N.R.S. 14.070 outlines the requirements that must be used to effectuate service through the DMV.  However, after service through the DMV has been accomplished there still exists a somewhat tedious process in order that the DMV service actually count in court. 

  1. Keep in mind that personal service must be attempted before using the DMV.  If personal service could not be accomplished, the process server will provide an affidavit of due diligence showing the defendant could not be found. 
  2. Once personal service did not work, DMV service of the defendant is proper.  However, once DMV service of defendant is accomplished, a copy of the Summons and Complaint must be mailed either registered or certified with return receipt requested.  This mailing must be sent to the driver at the address on the accident report or other known address.  It is not enough to simply serve the DMV with the Summons and Complaint and not mail the information to the defendant. 
  3. A green card will be generated by the post office showing that the mail was delivered, refused, or the defendant could not be located.  You must retain a copy of that green card to finish and prove service.
  4. Once those steps are completed, a plaintiff has to prepare an Affidavit of Compliance stating that every statutory requirement for DMV service has been satisfied.  This Affidavit must be filed with the Court.
  5. Don’t forget to attach the Affidavit of Due Diligence, the DMV Proof of Service, and the green card as exhibits to the Affidavit of Compliance.  If those documents are not included, then service still has not been completed.

Once those elements are completed, don’t forget to send a heads up letter enclosing all of the filed documents to the defendant’s insurance company.  This way if you are able to default the defendant the insurance company cannot void it later on.

If you have any questions about your car accident in Las Vegas, Mesquite, or Logandale please contact Rise Legal – Steve Dixon Law for help.  We offer free consultations and get results.  Call (702) 329-4911 now.

 

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