Process Serving in Gated Communities

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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 someone…can you help?

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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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