How Can I Serve Someone Legal Papers If They Are Hiding?
Most legal actions cannot commence until someone physically serves the defending party with the complaint or petition. Legal professionals call this process personal service. The justice system requires personal service to afford the defending party an opportunity to assert a defense. A defendant avoiding service can postpone a case indefinitely.
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Locating the Defendant
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If you are attempting to find defendants in hiding, you may struggle with finding accurate contact information. You can start the location process by searching a free website like Whitepages.com. Whitepages.com allows you to search by name to reveal possible addresses and telephone numbers. The website also allows you to conduct a reverse search, using the defendant's phone number to find potential addresses. ZabaSearch.com offers similar services but also allows you to include the middle name and approximate birthday of targeted defendants, increasing the odds of a hit.
Limited search parameters and available databases hamper the effectiveness of Whitepages.com, Zabasearch.com and other free sites. If you are searching for common names, you will receive numerous results. If you are unaware of the evasive defendant's general location, it will be difficult to find your target because a nationwide search can generate hundreds of results. Additionally, defendants with unlisted phone numbers will not be listed at all. Free websites will not assist you in searching for people now living with friends or romantic partners unless you also know the identity of those people.
Fee-based websites offer you the capability to search with additional parameters and search much larger databases. USA-People-Search.com claims to offer databases with billions of public records. The website claims its databases are compiled from thousands of sources starting in 1990. Searches cost between $1.95 for a standard person search to $39.95 for a complete background check.
As a last resort, consult with a private investigator. According to DegreeDirectory.org, self-employed private investigators typically charge between $40 and $55 per hour.
Serving the Defendant
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After the defendant has been located, he still must be physically served with the legal papers. The type of legal paper involved will determine who can serve the papers. This will vary on a state-by-state basis. For example, in Kentucky, Civil Rule 45.03 allows anyone over the age of 18 to serve a subpoena. However, a civil summons can only be served via certified mail or by an authorized individual, typically either a local sheriff or court-appointed private process server. You can consult a website like Serve-Now.com to determine the service rules in your home state, although it is not a substitute for consulting a legal professional. Serve-Now.com claims to have compiled the process serving laws from all fifty states.
Private process servers are typically more flexible than sheriffs in working to serve a hidden defendant. Process servers may speak with neighbors about the defendant's daily schedule. A process server would also utilize a skip trace service to determine the defendant's employer and nearby relatives. Serving legal papers can include an element of risk, especially on people attempting to avoid service. Those parties attempting to serve legal papers on a defending in hiding would reduce personal risk by hiring a professional.
After the defendant has been served with the legal papers, she will have a certain amount of time to respond, depending on the jurisdiction and nature of the legal papers.
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