If these efforts have failed, then the next step is to hire a private investigator that specializes in difficult service of process to take over the project. They will need a detailed report from you or your process server on the efforts that have been made to date to serve or locate the witness. The more details you can provide, the higher the chances are for a successful outcome.

There are things you can do in advance to prevent the problem of a missing witness and that is to gather crucial identifying data on the subject early on. If you depose or interview a witness, always get key information that will help you track them down in the future. This includes full name (with the correct spelling,) date of birth and driver’s license number. In addition ask where they work and get email and cell numbers (people tend to keep the same numbers when they move.) Lastly ask for the name and number of a contact person that could contact them if they were to move.

The reason is that process servers working for attorney services get paid by the serve. They deal in volume and bang on doors and make their money by serving papers on the low hanging fruit. The down side is that when the bang on the door of your sketchy defendant, is answered by your defendant, they will likely deny are the correct person and tell the process server to go away. At that point the defendant goes underground, stops answering their door and you have a vigilant paranoid defendant dodging you.

On the other hand if you start by hiring a skilled private investigator to serve the defendant, they will use tactics that catch the defendant off guard. Even when they simply knock at the door the defendant will never be aware because they will always have a plausible story as to why they are there that will never tip off the defendant. So in many cases the serve is quick and easy if good forethought is employed. And in more difficult cases the private investigator has all the skills to effect the difficult service of process.

Employing the skills of a private investigator is key to success in serving difficult professionals. They start be identifying the home address and in many cases can also identify the vehicles driven by the subject. The game plan may start with an early morning stake out of their home and service can be effected as they leave for work.

If this is not possible, an alternative plan is to serve them coming or going to their clinic, hospital or doctor offices. If a vehicle has been identified for the subject, then a scan of the parking facility can often net the subject’s parked car and the investigator sits on the car until the doctor or professional leaves work.

In order to serve someone you must a) identify them b) inform them that they are being served and c) present them with the service papers. Note that if the first two are accomplished the third, presentation of the papers does not require their cooperation. So if you are staking out a subject and you see them approach their car and you call out they are being served, if they refuse to accept the papers you can toss them through an open window or slap them under the windshield wipers.

In some cases the logistics can make serving the subject as they leave their home or work difficult, say perhaps if they have a gated house or long driveway. In these cases the investigator can forgo the awkward footrace to the gate and covertly follow them by car. As soon as they stop at a long light or pull into a gas station, the service of process is more easily effected.

• Summons and Complaint
• Deposition Subpoena
• Subpoena for Trail Appearance
• Statement of Damages
• Restraining Orders
• Order to Show Cause (OSC)
• Order to Appear at Small Claims Court
• Judgment Debtor’s Statement of AssetsOrder to Appear for Examination (OEX)
• Completion of Your Service of Subpoena