How to Find Someone to Serve Court Papers?

One of the most important requirements for a valid service of process is serving the right person. If you deliver legal papers to the wrong person, the intended recipient may not be aware of the legal action against them and how they’re supposed to respond. This may lead to missed court dates, default judgments, or restarting the legal process. At the end of the day, you do not only waste time and money, but also compromise the fairness and integrity of the legal system.

To find the right person to serve papers, you can take advantage of online search tools such as Google and social media, check public records, reach out to known associates of the person, use reverse telephone directory, and any other possible means. The best way to make this process faster and easier is to hire a professional process server who is experienced in locating people within your jurisdiction.

With over 16 years of experience, On-Call Legal Process Servers are the most reliable process servers for all services of process in California and nationwide. We employ licensed private investigators who are efficient with the most extensive and up-to-date nationwide information, databases, and private resources available for skip tracing and locating evasive defendants. Schedule a free consultation with us to discuss your needs and guide you throughout the process.

In this blog, you’ll learn how to find the intended recipient to serve papers, who can be a process server, and the consequences of not serving court papers to the right person.

What Happens If the Person You Want to Serve is Hard to Find?

If the person you want to serve legal papers is hard to find, there are various steps you can take to increase your chances of locating them or obtaining relevant information about their whereabouts. The idea is to make sure that you explore all legal avenues to serve the papers properly. You can start by searching for their address using public records, social media, property records, or checking with people they know. If you cannot serve them by personal service, try alternative methods such as substituted service, service by mail, or by publication in a newspaper.

If all of these methods fail, you can ask for the court’s intervention for permission to use alternative service methods or to appoint a professional process server. A professional process server brings expertise and experience in locating hard-to-find individuals, using investigative techniques and specialized databases. This increases the likelihood of successful service, meeting legal deadlines and ensuring compliance with jurisdictional requirements. Professional process servers also provide proof of service, such as an affidavit, which is crucial for court recognition. Their efficiency and legal knowledge reduce the risk of improper service, making the legal proceedings smoother and more reliable.

How to Find Someone to Serve Court Papers?

Inability to serve someone legal documents can affect the outcome of the case or affect the party serving the legal papers. That’s why it’s important to be sure you make all possible efforts to locate the recipient and serve them properly. Here are several methods to help you find someone to serve court papers:

1. Collect initial information. You can start by gathering as much information as you can about the person. Look for their full name, last known address, phone number, email address, and any other detail that can help you find them. The more information you have, the easier it will be to locate them. This information will help you make more elaborate searches and increase your chances of finding the person more quickly.
2. Use online search tools. By searching the person’s name or any known address on Google, you might stumble upon useful information like their recent activities or social media profiles around them. You can also get insights into their current location or connections through social media platforms such as Facebook, Instagram, LinkedIn, and Twitter.
3. Research public records. Focus on public record databases that provide access to phone numbers, addresses, or other kinds of information that relate to locations. You can look for any recent court cases or filings associated with them that may provide updated contact information. Additionally, search property records to see if the person owns any property or has recently bought or sold real estate. You can also visit your local Department of Motor Vehicles (DMV) to see if the person has a registered vehicle.
4. Contact known associates. The individual’s friends, family, or previous employers or colleagues might have an idea of their current location or contact information. When you go to these sources, approach them respectfully and be clear and honest about your intentions. Sometimes, people may be reluctant to share information, but you can let them know how important it is. To make them more comfortable with sharing the information, assure them that the information will remain confidential as long as you’re allowed to use it for the purpose you’ve stated.
5. Seek professional help. When you’re having a hard time locating the recipient, the best thing to do is to hire a professional process server with private legal investigator services. With our advanced surveillance and monitoring, we offer expert assistance to help attorneys, law firms, and individuals locate their recipient as fast as possible.
6. Check jails and prisons. If you suspect the person might be incarcerated, check local jails and prisons. You can obtain information if you have the inmate’s CDC number or their full name and date of birth. Many correctional facilities have online inmate locators that can provide current incarceration status and location.
7. Send a letter. In some cases, sending a letter with “Return Service Requested” below your return address can be an effective method. If the person has moved, the post office will return the letter to you with a sticker showing the forwarding address. This can provide you with the person’s current location without direct contact. This method relies on the postal service’s forwarding process, so it might take some time, but it can yield valuable information if the person has recently relocated. Additionally, make sure that the letter includes your return address.
8. Use a reverse telephone directory. With a reverse telephone directly, you can find a person’s address if you know their phone number. This tool can be particularly useful if you have a recent phone number but no current address.
9. Call “411”. Reach out to directory assistance via 411 and ask for information on the city where you believe the person resides. Provide as much information as possible to the operator, who can search for current listings under the person’s name. Although this method might seem outdated, it can still provide valuable leads, especially when combined with other search methods.
10. Consult professional associations. If the person is a member of a professional organization, contact that association. They might have current contact information or can forward a message on your behalf. Many professionals maintain memberships in industry organizations, making this a viable option for locating them.
11. Check with utility companies. Sometimes, utility companies such as water, electricity, and phone providers have the most current address on file. The challenge is that most of these companies might not be willing to allow you to check their database due to privacy reasons. But if you explain your legal reasons, you might have a chance.

What to Do If You’re Not Able to Find Someone to Serve Court Papers?

If you’ve made reasonable attempts and tried alternative methods but still cannot find the person to serve papers, then notify the court. The court may require that you provide proof of the efforts you’ve made to serve the recipient. As a last resort, the court will authorize you to serve by publication by publishing the notice in a court-authorized newspaper. If the other party does not respond within a specified timeframe, then the court may rule in your favor by default.

What Is Service of Process?

Service of process is the legal procedure through which a party to a legal proceeding notifies another party of a legal action or lawsuit against them. The aim is to make sure that the recipient is aware of the legal action and their expected response. By notifying them appropriately, the legal system makes sure that both parties have an opportunity to respond or defend themselves. The legal documents served by the process server specify the type of notice and what is required of the intended recipient. The response may be to appear in court to testify, produce documents as evidence, or defend themselves against a claim.

Who Is a Process Server?

A process server is a person who delivers legal papers to an individual or entity involved in a lawsuit to inform them of a court order or legal action against them. By giving proper notice, process servers help to uphold equity and fairness in the legal system. After delivering court papers, process servers provide proof of service to confirm that they completed the service. The proof of service is often in the form of an affidavit or certificate of service. To be sure your service of process is valid, it’s important to learn the legal requirements for process serving legal documents, including who can be a process server.

Who Can Be a Process Server?

In California, anyone who is at least 18 years and is not a party to the case can serve legal papers. This means that family members, colleagues, and friends can serve papers for you. Due to their authority and impartiality, officers of the law, such as a county sheriff or marshal, are the most common choices for process serving. However, it’s advisable to hire a professional process server who understands how service of process works in your jurisdiction. That way, you’re sure you’re serving legal documents the right way to avoid improper service of process and its consequences.

How Much Does a Process Server Cost?

On average, the cost of a process server in California ranges between $40 to $200 per service. The exact cost depends on the location of the recipient, the type of document to be served, how urgent the service is, and the number of attempts required. The farther the recipient, the higher the service cost due to higher travel costs. Additionally, extra-fast services such as rush delivery usually cost more than regular deliveries. Moreover, process servers may charge some extra fee to serve potentially evasive recipients as they may have to engage skip tracing or other additional services. It’s best to hire a process server in the same county as the court where service is required.

What Kind of Documents Does a Process Server Deliver?

The documents handled by a process server include subpoena services, summonses and complaints, writs, divorce papers, child custody papers, eviction notices, etc. Depending on your jurisdiction, each type of document may have unique requirements for serving them, especially when they contain sensitive or confidential information. That’s another reason why you should hand over your court papers to a professional process server who is experienced in delivering court documents in your jurisdiction. Additionally, professional process servers have the skills to locate individuals who might be avoiding service and the knowledge to comply with legal standards, reducing the risk of improper service.

The Methods of Service of Process

Court papers must be served in a legally approved way to be considered valid. The legally approved methods of service may depend of the jurisdiction and the type of document served. The most common methods include:

1. Personal Service
2. Substituted Service
3. Service by Mail
4. Electronic Service
5. Service by Publication

Personal service is the most common and most preferred method of service. It involves handing over the legal papers directly to the intended recipient. If you cannot reach the recipient directly, you can deliver the document to an adult in their residence or workplace. This is known as substituted service.

In some jurisdictions, you may be allowed to serve certain legal documents through certified mail. In such cases, you can send the court paper to the recipient’s mailing address with a return receipt requested as proof of service. You can also serve papers via email or other electronic means. Most times, electronic service requires the consent of the recipient, but is efficient, especially for recipients in a far location.

If all efforts to serve papers through personal service and other approved methods fail, you can serve the court papers by publication, usually as a last resort. This involves publishing the legal notice in a newspaper within the region that the recipient will likely get access to it.

Consequences of Not Serving Court Papers Properly

Failing to serve court papers properly can have significant consequences for a legal case. To begin with, the court may dismiss the case. In a case where the process serving is needed to obtain relevant evidence, the party involved may lose the opportunity to access such evidence that might have strengthened their claims.

Serving legal documents the wrong way may also give the defendant legal grounds to challenge the validity of the service. For example, the recipient may file a motion to quash a subpoena. If the court approves the motion, the serving party may not get the opportunity to re-serve the papers or may incur additional costs if they’re allowed to serve again.

Improper service of process can also affect the fairness and validity of the legal proceedings. If a party does not receive proper notice, they might not be able to defend themselves, which violates their right to due process. In such cases, the court can overturn the default judgment if the defendant later proves they were not served correctly.

Additionally, failing to serve papers correctly can result in wasted time and increased legal costs. You may need to restated the legal process, and this may involve additional expenses and cause delay in the whole process, This is especially challenging in urgent matters where timely legal action is important.

Moreover, improper service can damage the credibility and integrity of the party attempting to serve the documents. It may look like they are attempting to manipulate the legal process or deny the other party a fair opportunity to respond. This can harm their case and lead to unfavorable rulings or sanctions from the court.

Need a Professional Process Server?

Service of process is complete when you deliver the document to the intended recipient and file a proof of service with the court clerk. If the person you want to serve is hard to find, ascertain that you’ve tried all possible means of reaching them using the methods discussed earlier in this article. As a last resort, you may have to serve them by publishing the notice in a newspaper within the location you suppose they’ll be able to find it.

To increase your chances of finding an evasive recipient, it’s recommended to hire a professional process server with advanced investigative services. As the most reliable process servers in Los Angeles, On-Call Legal Process Servers have the legal expertise and experience it takes to deliver your documents successfully while adhering to all relevant rules in your jurisdiction. Book a free consultation with us today to get started.