Service of process is the way in which an aggrieved party in a lawsuit notifies the other party that they are going to be sued. For civil court cases, service of process involves delivering a summons and complaint to the defendant.
However, if service of process is not carried out correctly, there is a risk that the case might be dismissed. If a potential defendant learns that they are about to be served with official legal paperwork they might try to avoid being served in a number of ways.
So, let us discover some of the strategies that a process server can use to carry out service of process when a defendant is difficult to trace.
Serving An Elusive Individual
There are lots of reasons why a defendant might not want to be found and it is not uncommon for potential defendants to do everything in their power to avoid being served. That being said, a plaintiff should always conform to due diligence and begin a paper trail to assure the courts that they have made an honest effort to locate and serve the defendant in question. Although it is common for an old address to temporarily halt the service of process, there are a few steps that can be taken to track down a defendant. You can learn more about the processes involved in tracing an elusive defendant by checking out some of the resources on this website for a team of Pueblo Process Servers.
For example, an inquiry can be sent to the United States Post Office to get current or relocation information. Additionally, if the lawsuit is about an auto accident, driver information can be requested from the department of motor vehicles. There are also governmental and professional agencies that can provide addresses such as the armed forces and the department of corrections. Failing these options, a process server can even research previous employers and relatives, identify landline phones in the last-known locations of the defendant, or use Internet White pages and other websites that help track people down.
Serving An Elusive Company
Although in most incidences, finding a company is normally much easier than locating a person, there are still some ways that companies can avoid detection by process servers. Each corporation or LLC must have a registered agent in each state where they do business, and it is this individual that must receive service of process on behalf of the company. Company details can usually be found on the website for the Secretary of State. Provided that the company has been registered, a listing containing the name of the registered agent should appear.
That being said, it is crucial that the correct company is contacted, especially if the company name is common. Process servers should therefore look for clues that the company being targeted is the right one. Always cross reference any changes in company names and be careful with spellings. Sometimes companies are registered in other states and might even be doing business under another name, so if any initial searches are unsuccessful, it might be worth trying a few name variations. If in doubt, get in touch with the registered agent first remembering to keep a log of any correspondences. As a last resort, you can even serve the Secretary of State. Each state has a unique process for doing this so remember to adhere to the rules.
Service By Publication
Service by publication in an approved newspaper can be used to give constructive notice to a defendant who is intentionally absent, in hiding, or unknown, usually as a possible descendant of a former landowner. It is only allowed by the order of a judge based on a sworn declaration of the inability to find the defendant after due diligence. Put simply, provided that a plaintiff can provide a paper trail detailing their search for a defendant, service by publication might be the only way to move for service by publication.
In order to conform to the standards of due diligence, the paper trail must include all letters that have been written, receipts that have been kept, forms that have been completed, search results, amounts paid, and anything else relevant to your case. Sometimes an affidavit, where a plaintiff swears before a notary that a diligent search was carried out, can also be required. That being said, even if an affidavit is not legally obliged, completing one can add credibility.
Ultimately, trying to locate an elusive defendant can be incredibly disheartening and frustrating. Above all, by going through the process correctly, service of process can be completed, and the defendant must then provide an answer or settle for a default judgment.
if you are ever involved in any legal proceedings, then there is a good chance that you will require a process server. For example, after an auto accident, it is important that legal documents are served to the correct defendant. You can learn more about what to do after an accident on the road by reading this guide to claiming compensation after an accident.
