Serving legal documents is an important step in the litigation process. But what happens when a process server arrives at the provided address and the defendant is nowhere to be found?
There are plenty of reasons this can happen. The defendant may have moved, the address on file may be outdated, their work location may have changed, or the available information may be incomplete. Yet the process of service must continue. Several steps may help determine where the individual can be found and how to proceed with service:
- Additional Service Attempts. Depending on the circumstances and applicable rules, a process server may return to the address at different times or on different days. Accurate documentation of each attempt is part of the due diligence required when other service methods may need to be considered.
- Skip Tracing. If an address is outdated and the defendant’s whereabouts are unknown, skip tracing is typically the next step. Skip tracing uses investigative resources and available records to locate hard-to-find individuals. This can include researching addresses and other information that may point to a defendant’s current residence or location.
- Other Records. Additional searches can provide clues about where a defendant may be located. For example, in New York State, Department of Motor Vehicle (DMV) records can be used to locate addresses associated with defendants and other parties.
- Alternative Methods of Service. Personal delivery is not always the only method of service permitted. Depending on circumstances, other methods of service may be acceptable, or a court may also direct an alternative method of service. Which method is appropriate depends on the facts of the case and applicable legal requirements, so it is important that the proper procedure be followed carefully.
When Finding a Defendant is Hard, We Make it Easier
Having the most up-to-date information improves the chances of successfully completing service. That is why Reliant Court Services provides services such as skip tracing and New York State DMV searches to help locate defendants along with witnesses, heirs, and other parties to legal matters.
Do you need help locating and serving a difficult-to-find party? Call us at 1.631.567.3120 or complete this form to discuss your needs.