Under what condition can service by publication be executed for an in-state defendant?

Service by publication is a method used when a defendant cannot be personally served with legal documents, typically due to inability to locate them. For in-state defendants, publication is permitted under specific circumstances that demonstrate due diligence in attempting to serve the defendant.

In this case, the correct answer highlights that service by publication can be executed when diligent inquiry fails to find the defendant’s address. This means that the plaintiff must have made a reasonable effort to locate the defendant using various methods, such as checking public records, attempting to contact known relatives, or utilizing online databases. If those efforts fail, the law allows for notifying the defendant of the lawsuit through publication in a designated newspaper.

The other conditions presented do not meet the legal requirements for service by publication in Mississippi. For example, the refusal to accept service or the mere fact of a defendant being uncooperative does not justify service by publication, as there must be a demonstrated inability to locate the defendant, not just an unwillingness on their part. Similarly, if a defendant is out of state for more than six months, it does not automatically allow for service by publication; the mode of service primarily hinges on the inability to locate the defendant despite diligent efforts.