How do you Serve a Lawsuit on a Defendant When They Live in a Gated Community?

Gated communities were once a shelter for the rich and famous. Now, in the United States, it is estimated that over 8 million people, across the economic spectrum, live in gated communities. When you need to personally serve a lawsuit on someone who lives in a gated community, this presents special issues. 

In Las Vegas, from golf course communities to apartment complexes, many people are living in gated communities. By providing those who live in gated communities shelter from crime and use of community facilities, these communities have created an unintended byproduct of preventing personal service of notice of a lawsuit to its residents. 

The general rule is that a person must personally receive notice of the lawsuit. Giving someone notice of a lawsuit is usually accomplished in one of two ways. People are commonly served with the lawsuit, either by giving them the notice at their place of work or at their home. 

But, what happens when you do not know where they work, because you were involved in a car accident with them and they were not required to provide their work information? Also, what if your process server has gone to their home, only to find that they live in a gated community and they cannot get in?

Because of these issues there are exceptions to the general rule that someone must be personally served with notice of a lawsuit. Given the boom of gated communities in Nevada, in 1993, the Nevada State Legislature passed a law allowing people who live in gated communities to be served with lawsuit by alternative means.

In Nevada the law for giving someone notice of a lawsuit when they live in a gated housing development, is set out in Nevada Revised Statute, §14.090. There are actually two provisions of alternative service, within the Nevada statute. The first method applies when there is a guard at the gate and they deny access to the home. When that happens, you can leave a copy of the lawsuit with the guard. When there is a simply a gate and no guard present, which is frequently the case, you are allowed to mail the lawsuit via registered or certified mail. Both of these are simple and cost-effective means of providing notice of a lawsuit to a defendant in a personal injury case.

Next time we will discuss how to serve someone with a lawsuit via publication.