Process servers have the difficult job of locating people to deliver what can be bad news. It’s not unusual for a defendant to try to evade service of process to delay the court proceedings. Since courts do prefer in-person service, a defendant’s evasion makes a process server’s job much harder. However, process servers have a few tricks to hunt down even the most elusive people.
Gather as much information as possible before attempting service.
If you complete this step correctly, you might not have to move on to any of the other steps. There is a ton of information you can find out about a person without ever leaving your desk. Some of the basic information you should gather before heading out is:
- Name
- Addresses
- Phone numbers
- Aliases/nicknames
- Vehicle make, model, color, unique bumper stickers, other identifiers
- Picture or physical description of the target
- Best time and place to contact
- History of evading service
- History of violence
This list is not exhaustive, so use this as a jumping-off point for each defendant or witness you need to serve. Combine this list with other tips to arm yourself with a complete picture of the target.
Take detailed notes.
Keep a separate notebook for each target that is to be served. Jot down everything that you learn about the target, no matter how small it may be. A detail that seems insignificant at first might be the one thing that helps you locate the target, so don’t leave anything out. Build on your notes as you continue to investigate the target and attempt service.
Use the target’s name or nickname.
People answer their names by instinct, and good process servers use this knee-jerk reaction to their advantage. Often you can positively identify a target by simply approaching them and using their name in a friendly greeting. However, keep in mind that a response to a first name or nickname should not be the only identifying factor; Pair this observation with a matching photograph or description to be sure you’ve got the right person.
Get creative with phone numbers.
During the gathering information stage, try to obtain as many phone numbers as possible, including personal and work numbers. You may also come across phone numbers of the defendant’s family or friends. While you should not use these as first contacts, contacting others can be helpful if finding the target continues to be a problem.
Be creative with your appearance.
Your appearance can influence how the target responds to you, so it’s vital to dress for the occasion. However, keep in mind that it’s illegal to impersonate a peace officer, government official, or package delivery driver. Instead, opt for clothing that makes you appear to belong in the area where you intend to attempt service. For example, if you’re heading out to serve a business executive on his lunch break, a suit and tie might benefit your reception. Going to serve a college student at school? Jeans and a sweatshirt will suffice.
Check out social media.
People might avoid service of process, but avoiding social media? Not a chance. Crafty process servers use this to their advantage. Run names, nicknames, emails, and phone numbers through the search functions on popular social media sites to see what comes up. Many people post everything publicly anyway, making quick work of tracking them down.
For those who keep their social media profiles private, you’ll have to dig a little deeper. Who would be someone the person would want to be friends with online? For example, if your target is a single male in his 20’s, a friend request from a beautiful young woman will likely be successful in giving you access to his posts. Don’t ever contact the target via a fake profile though as this could be seen as unethical. Only use the information gathered on social media to plan a service attempt. Feel free to message the target from your real social media accounts if needed, as long as it is clear who you are when the conversation begins.
Finally, don’t limit yourself to just Facebook. Younger, more tech-savvy targets can be found on different platforms, so be sure to check out:
- Snapchat
- Twitch
- YouTube
Use records available to the public.
The internet in general is packed full of information on almost everyone. While searching for targets online, a great place to start is your state or county’s court calendar. If your target has an upcoming court date, try to catch them inside the courthouse. This method also pretty much eliminates the worry about the person being served to react violently.
A simple Google search can give you a lot of info on a person if social media or court records don’t prove helpful. You might find alternate addresses to look into or a nearby relative that you didn’t know about. However, don’t assume that all of the information you find online is always correct. Sites like TruthFinder are notoriously inaccurate, so be sure to verify all information found online.
Stakeout
If a target keeps dodging you and the internet is no help, it’s stakeout time! Compile a list of locations you suspect the target may be hiding. Prioritize the list with the most likely location first and attempt service as normal there. You’ve likely already attempted service at this location at least once, but this time, you’re going to do a little undercover work. Start by placing a piece of masking tape in a highly visible place on or near the door. In an inconspicuous spot, place a small, clear piece on the door, connecting it to the door frame. Then take photos of anything you can see that should move regularly, including:
- Oil stains on the driveway
- Power meter readings
- Water meter readings
- Things you can see looking in a window, such as dirty dishes or a coffee table
Now leave and return in a few days. Is the masking tape you placed removed? Is the piece of clear tape undone? Are there new oil spots on the driveway? Have the power or water meters risen by a substantial amount? Then you have confirmation someone lives there and thus found your first location to stake out.
Pick a nearby spot to park your vehicle where you can see the entrance to the home. Monitor for signs of life, and when the target finally shows their face, make your move.
If all else fails, ask for permission for service by substitution or publication.
If you’ve attempted service at various locations multiple times, a judge may permit you to serve the target by substitution or publication. In service by substitution, you are allowed to give the papers to someone who you reasonably believe will give them to the target. You usually need to mail a copy of the papers to the target’s last known address as well. In service by publication, an announcement of the court date and time is posted publicly, usually in the local newspaper, for at least 32 days.
It is not uncommon for defendants or even witnesses to avoid service of process. The reasons for the evasion are varied, and while avoiding the process server never actually stops the court case from proceeding, it can cause significant delays. Thinking creatively and using human nature to your advantage will make locating your targets much easier. Keep your clients happy by building a reputation for finding difficult defendants. For some of the most creative process servers in the Pensacola area, call the experts at Accurate Serve. We have the experience you need to locate elusive litigants and ensure the process is served quickly and legally.
