12 V.S.A. § ___ § 4919
Proceedings when respondent cannot be found
Operative Text
When the sheriff or his or her deputy cannot find the party against whom the warrant is issued, six business days before the time appointed for returning the same, he or she may leave a true and attested copy thereof at the usual place of abode of such person. If, at the return of the warrant, he or she cannot find or apprehend the person against whom it issued, he or she shall make a return of such fact of the time he or she so left a copy. If the party complained against does not appear at the time appointed for trial, a district judge, in his or her discretion, may adjourn or proceed with the case, but shall not impose a fine at such hearing. (Amended 1973, No. 249 (Adj. Sess.), § 37, eff. April 9, 1974; 2017, No. 11, § 21.)
Vermont law under 12 V.S.A. ch. 171 § 4919 establishes what happens when a sheriff or deputy is unable to personally locate and serve the person named in a warrant. In that situation, the officer may leave a certified copy of the warrant at the person's usual home address at least six business days before the return date. If the named party still does not appear at the scheduled hearing, a district judge has discretion to either postpone or proceed with the case, but is expressly prohibited from imposing a fine at that hearing in the absent party's absence.
Plain English — not legal advice.
Property owners and managers involved in proceedings governed by 12 V.S.A. ch. 171 § 4919 should be aware that substitute service — leaving a copy of a warrant at a person's usual residence — is a recognized legal method when personal service fails. A compliant operator generally maintains an accurate, current address on file for tenants and other parties, which can affect how and where legal documents are delivered. Understanding that a district judge may proceed with a case even when a party is absent, though without imposing a fine at that hearing, helps operators anticipate how such proceedings may unfold.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 V.S.A. ch. 171 § 4919, tenants should know that a warrant or legal notice may be validly served by leaving a copy at their usual home address if a sheriff cannot locate them personally, provided this occurs at least six business days before the return date. If a tenant named in such a proceeding does not appear at the scheduled hearing, the judge may still move forward with the case, though no fine can be imposed at that hearing in the absent party's absence. Tenants who believe they were not properly served, or who missed a hearing date, may wish to consult a tenant-rights organization or legal aid service to understand what options may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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