§ 1148.5A.Constructive Service of Summons
Chapter 20: Actions Regarding Real Property · Last amended November 1, 2018 · Last verified August 3, 2026
Full Text of § 1148.5A
Amendment History
Amended by Laws 2018, c. 103, s. 1, eff. 11/1/2018. Added by Laws 1976, SB 695, c. 68, § 1; Amended by Laws 1989, SB 357, c. 205, § 1, eff. 11/1/1989; Amended by Laws 1989, HB 1492, c. 347, § 2, eff. 11/1/1989; Amended by Laws 1990, HB 1846, c. 89, § 1, eff. 9/1/1990; Amended by Laws 1996, SB 1261, c. 339, § 1, eff. 11/1/1996.
Plain-English Summary
When reasonable diligence can't serve the defendant personally, or anyone over fifteen residing on the premises, this section supplies a fallback: the sheriff or a private process server posts the summons conspicuously on the building on the premises (or, if there's no building, at a conspicuous spot on the premises) at least five days before trial, and the claimant separately mails a copy to the defendant's last-known address by certified mail, also at least five days out.
That kind of service comes with a real limit. It confers no jurisdiction to render a money judgment or any relief beyond restoring possession to the claimant -- unless the defendant appears at trial. If the court's judgment is limited to restoring possession, the claimant can still pursue a later, separate action for rent, and a forcible entry and detainer judgment never precludes the property owner from later suing for other monetary relief. The statute also protects the service itself: it isn't undone just because the defendant never saw the posted notice or never signed for the mailed copy.
Frequently Asked Questions
What if the defendant can't be found for personal service?
The summons can be posted conspicuously on the premises and a copy mailed to the defendant's last-known address by certified mail, each at least five days before trial.
Can this posting-and-mailing method produce a money judgment against the defendant?
No, unless the defendant appears at trial. Otherwise it only supports a judgment restoring possession of the premises.
If the court only restores possession, can the landlord still sue for unpaid rent later?
Yes. Section 1148.5A specifically preserves the claimant's ability to pursue a subsequent action for rent, and a forcible entry and detainer judgment doesn't bar a later suit for other monetary relief.
Is the service invalid if the defendant never saw the posted notice?
No. The statute says such service isn't rendered ineffectual by the defendant's failure to see or receive the posted process, or to receive or sign a return receipt for the mailed copy.