Once you serve the difficult defendant or witness you must make it stick.  Know how to accurately complete the court approved Proof(s) of Service is key.  The Proof of Service is the document that will be filed with the court or maintained in the litigation file as proof that the defendant or witness was effectively served.  In many instances, improper service and improper filing or missing filing dates can jeopardize your case or even result in it being dismissed by the judge.  An accurate proof of service should be prepared electronically, utilizing software so that it is legible.  Additionally, the process server or investigator serving is required to personally sign the proof under penalty of perjury.  Many process servers sign proofs on behalf of their process servers; this is not a recommended practice.

At many investigation firms, a physical and/or electronic case file is maintained detailing information on the case work-up, service attempts and other details on the case in the event that the service or circumstances of the service are questioned at a later time.

When you are serving process involving civil cases, law enforcement will often side with the property owner, residents and guards at the gates.  This is merely because they are not trained in Code of Civil Procedure and only view their role from the criminal side.  They want to mitigate liability at all costs.  That said, they do not often understand that when you are serving process you are an officer of the court and you are permitted to trespass in order to effect service.  Law enforcement takes every step to mitigate liability and will not stick their proverbial necks out to help you get your target served.

You don’t want law enforcement called with lights and sirens when you are serving a difficult target so you must be tactful.  Abide by local rules, do not speed and do not park near parks and common areas.

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Verify that the subject resides at the address you are attempting by asking the proper questions when you make contact at the residence.  For example, you should not say, “Is Tom Smith home?”  Instead you should say, “Does Tom Smith live here?”  The latter is vital because per the code, you can sub-serve documents at a location where the defendant resides, receives mail or works.  Confirming that the subject resides at a residence is vastly different than just learning that the subject is not home.

Be observant while serving legal documents.  Look for packages left on the porch that could bear the subject’s name.  Discreetly talk to neighbors to verify residence and activities.  Note vehicles including license plates observed in the driveway or on the street adjacent to the residence.  You need to assemble information that supports further attempts at the address you have or to report back that the address is no good.

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Service of Process also referred to as Process Serving can be accomplished when your subject resides in a gate community.  The trick is knowing the rules and codes that govern service of process in a gated community.

Remember that per the code, Registered Process Servers and Private Investigators (in some states) must be provided access to a gated a community for a “reasonable” amount of time in order to effect service.  It is wise to carry this section of the code with you at all times as guards are not aware of this rule and will often need to speak with a supervisor in order to grant you access.

Keep in mind that some guards will notify the resident of your presence; be prepared to ask them if they will be notifying the resident and ask them to refrain.  If you are professional and respectful with the guard your chances of getting their cooperation is much greater.  That means you should dress in a suit and handle yourself accordingly.  While you are within the gated community, be mindful of the fact that the residents will likely detect your presence much more quickly.  That said, if stake out is required, be very discreet as you do not want to create suspicion with neighbors and have the security guards roll on you with their lights and sirens.

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“We are having difficulty locating and serving a… witness, defendant, debtor, etc.”  This is the type of call that a professional and licensed investigation firm receives several times every day.

The first step is to collect and review all of the information that the client has available (Database Searches, Due Diligence by the Process Server, Case Facts, Police Report, Deposition Transcripts, etc.).  Once you review all of the relevant case data, a review of the legal documents to be served is necessary.  Knowing what you are serving is key in understanding what techniques must be used to locate a subject.  The method of service (Personal / Substituted) is mandated per the Code of Civil Procedure depending on the type of legal document being served. Personal Service for matters involving personal appearance at trial, deposition or hearing and Substituted Service for Summons & Complaint and Small Claims Cases.

You then must create an investigation plan to meet the needs of the case based on the timeline.  In many cases, tracking down and serving subjects very quickly is necessary in order to meet a court-imposed deadline or to keep a deposition on calendar due to an impending discovery cutoff.

Understanding the litigation process and the Code of Civil Procedure is vital in order to meet the needs of the case and the rules outlined by the court.

Some or all of the tools below may be utilized to develop and or confirm the location of the subject.  This type of search is commonly referred to as a Skip-Trace, Locate, or People Locate.

  • Limited Credit Header Databases
  • Advanced Phone Directories (Landline & Cell)
  • Property Records
  • Employment Databases
  • Postal Letters
  • Professional Licenses
  • Utility Searches
  • Social Networking & Professional Networking Site
  • Discreet calls to neighbors, relatives and often the subject directly

Computers and databases provide information gathered from many sources.  You need to keep in mind that this data is often inaccurate, unconfirmed and so vast that it must be reviewed carefully in order to pick out what is useful and relevant.

Skilled investigators who are trained in conducting people locates and skip-tracing, who have experience making calls to third parties and to the subject directly, are more often able to effectively track down the most difficult and elusive subjects on a regular basis.

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