The Role of Skip Tracing in Process Serving

The process of locating a person to serve legal documents is known as skip tracing. Far too often people will attempt to evade being served legal documents in order to avoid the courts. Some people are quite adept at keeping themselves under the radar. Uncooperative recipients can be a hassle, and without a process server in New Jersey that is skilled at locating them, may delay court proceedings.

A skilled and experienced process server has access to tools and resources that make skip tracing to locate elusive recipients much easier. Addresses for home and work, phone numbers, ID or driver’s license numbers, social security numbers, frequented businesses, etc., are all there. Nearly every person in this day and age leaves behind a digital footprint that can be used to track them down through deep internet searches. Your process server will likely have access to databases that are not necessarily available to the general public as well.

Using what can be found with deep internet searches, a skilled process server can then move on to more hands-on approaches to finding the recipient. Family, friends, coworkers, and other known associates can be interviewed to ascertain a location, though they may not always be dependable. Canvassing locations the recipient is known to frequent can often bring in information about routines, or a lack thereof. Surveillance outside possibly frequented residences or businesses can be helpful in locating particularly difficult recipients.

Difficult to locate legal document recipients can slow down court proceedings with costly delays. The best way to get documents into the hands of an elusive recipient will always be to hire a skilled, professional process server.

J&K Investigative Services, Inc. has over 40 years of experience in New Jersey process service, as well as national and international service. Please let us use our experience to get your documents served.

In their line of work, a process server is hired to objectively locate an individual in order to properly deliver legal documents. There are many different types of legal documents that may be handled by a professional doing process servicing in New Jersey. The documents that are served are called “process.”

Complaints

A legal complaint, or civil complaint, is the first document filed in a case, and it is often served along with a summons. The purpose of a legal complaint is to lay out all of the facts and reasons why the plaintiff decided to bring the suit, along with the case law that supports his decision to bring the suit.

Summons

A summons is a written notification to be served to a person as a warning to appear in court on a day specified. There are, essentially, three types of summons. A civil summons is a judicial summons given by one private person or entity to another private person or entity to appear in court and respond to a petition filed in court. A criminal summons is a type of judicial summons notifying someone to appear in a criminal court. Administrative summons is another type of judicial summons issued by an administrative body authorized in law to handle a specific type of investigation or legal matter.

Subpoena

A subpoena is a writ commanding a person designated within it to appear in court under a penalty for failure. Two common types of subpoena ad testificandum (which orders a person to testify before the court) and subpoena duces tecum (which orders a person or organization to bring evidence before the court).

Writs

A writ is a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way. There are five different types of legal writs: habeas corpus, mandamus, certiorari, prohibition, and quo-warranto.

Having the correct information to locate a recipient makes a process server’s job a whole lot simpler. However, incorrect addresses and evasive individuals can complicate things quite a bit. Possibly causing the need for a due diligence inquiry and slowing down the case.

It can be a bit more difficult to serve documents without a correct address. Thankfully, an experienced process server has the ability to locate correct addresses in a timely manner to avoid unnecessary and costly delays in legal proceedings.

In the event that the process server has been unable to serve papers due to an incorrect address it is important to figure out why that is so that the appropriate steps can be taken to find the correct address. Were they simply not home? Does anyone live at the location? Did the process server make contact with anyone? It is possible that the recipient is located there but has lied or evaded service by having someone else answer the door for them.

The frequency with which people move has increased over the years. This can make addresses and frequented locations a bit harder to pin down. This is a situation in which the experienced process server will use his skills to seek answers. It’s time to gather information. This may be as simple as speaking with the neighbors. Other times it will include research through social media and searching specialized databases. DMV records can often be accessed to find an evasive recipient. An experienced process server is quite adept at gathering the information needed to deliver in-person service the majority of the time—avoiding alternate service unless absolutely necessary.

When it comes down to it, the best way to ensure that the recipient is served documents promptly is to employ the best process server in New Jersey. J&K Investigative Services, Inc. has over 40 years of experience serving throughout the state of New Jersey, nationally, and internationally. Let us give you peace of mind knowing that your documents will be served.

One of the most important things that you as the client can do for your process server is to provide the best information possible to locate the individual they will be serving. Accurate and thorough information regarding the document recipient can help expedite service and save money.

There are many details that can assist your process server aside from a current residential address.

Firstly, your process server should know what the person they are serving looks like. A written description is helpful. A photograph even more so. Often, evasive individuals will deny that they are the recipient the documents are intended for. A solid photograph may clear up any confusion and allow your process server to complete the job at hand.

Is there any other information you have that may help pin down a location?

If there are possible alternative addresses these would be incredibly helpful to your process server. When a first address proves a dead end it can be invaluable for your process server to have other options ready to go. Where does the recipient work? Does the recipient frequent certain establishments or spend a lot of time with certain friends?

Descriptions of regular routines can also be helpful. Does the recipient work long days and is only home on certain evenings? Do they have a regular night out with friends? Are they at the same coffee shop every morning between 8:30 am and 9:00 am? These are the details that can make a huge difference in the time spent locating an individual.

Do you have information about the vehicle or vehicles the recipient may be using? A license plate number may come in handy when using certain databases that we have access to. Is it possible that the recipient may be using the vehicle of a family member or a close friend?

Ultimately, the more information your process server has the better it is for everyone. His job is simplified and you are able to keep your costs down.

While most often service of process will go uncontested in court, in the event that the defendant does claim that service of process was served improperly or not at all it is crucial to have documentation that proves service of process was done correctly. The defendant may claim that they were not at the location where the process was served or that the documents were not served to them. An experienced and knowledgeable process server will keep meticulous records to prevent delays in your court proceedings or even a dismissal.

Choosing a knowledgeable and experienced process server to deliver your documents is essential. Not all process server companies are created equal and not all process servers have the same level of skill or the same knowledge of the rules and laws governing the service of process. It should never be taken for granted that because a person has labeled themselves a process server they will be competent and capable of completing service properly. Choosing an inexperienced or dishonest process server can be detrimental to your case.

When looking into a process server company it is important to seek companies that do not make use of independent contractors. The experience and skill of independent contractors can vary wildly. Companies have little control over their training or lack thereof. This could lead to improper delivery of documents, failed delivery, or a lack of completed paperwork—once again impacting the length of court proceedings.

Finally, when choosing a process server company one of the most valuable things to look at is experience. A process server with little experience is more likely to make costly mistakes. In looking to find a process server in New Jersey with the experience to do the job right, J&K Investigative Services, Inc. has over 40 years of experience in the proper service of process and would like to help you out.

Process servers have a crucial role in the legal system. In protecting the right to due process, they protect the rights of citizens involved in legal proceedings. They do this by informing them of their involvement in a case.

The cost of hiring a process server will vary depending on the time and skill needed to complete your service. This is very much a situation in which you get what you pay for. Seeking the lowest-cost process server will likely leave you spending more money in the long run to combat the errors of illegitimate service, failed service, and delayed legal proceedings.

Prompt completion of service is the goal of your process server. Fast service avoids lengthy delays in your legal proceedings, and in turn, keeps your costs down. Ideally, your process server will easily locate the recipient and serve the papers within a few days. Cost may be minimized when you provide your process server with all the necessary information to complete the service. This includes the most recent addresses for home and work, and the times and places the recipient frequently visits.

However, not all recipients are easy to locate and many will be deliberately evasive. In situations where stakeouts and tracking down locations the recipient frequents are necessary, the cost of service will be higher to compensate for the time and effort needed to complete the service.

Location will also affect costs when hiring a process server. Traveling across the country will require more time and effort than staying within the state to complete process service in New Jersey. Costs to complete service will also be affected by costs to operate in other cities and states. These costs may be related to legal fees or traveling expenses.

It cannot be overstated that when it comes to hiring a process server you get what you pay for. Cutting corners will cost you more in the long run.

Allow J&K Investigative Services, Inc. to help you with your process serving needs. Whether in New Jersey, out-of-state, or around the world.

The vendors that a process server uses are an integral part of the business of process serving. Process servers are responsible for ensuring that the vendors they utilize are properly storing and protecting data that is shared between them. Information leaks due to vendor irresponsibility are a confidential information compliance issue.

There are a few things that a process server company should be looking out for in the vendors they choose to use.

DATA ACCESS

The most important thing that a process server company should be asking of their vendors is who has access to the data shared between them. Data security and encryption will not help with employees that have access to unencrypted information.

Vendor companies should be conducting background checks on all their employees. Personal information should never be in the hands of a person who has a criminal history suggesting that they should not have access to it. Often highly confidential information such as social security numbers and addresses are involved in the process of locating individuals for service.

Does the company use employees or independent contractors? Independent contractors are third-parties that negate the security of the shared information. Employee based companies will be able to dictate to those employees the proper management of personal information.

DATA BACKUP

Natural disasters such as fire and floods, viruses, and human error can all be cause for loss of data. Does the vendor have a backup (or three) in the event that disaster strikes and the primary source of data is compromised or destroyed? Loss of data can severely impact the ability of the process server to move forward with their client’s case.

INSURANCE

Is the vendor insured? Vendors play a large role in the outcome of court cases and as such they should carry comprehensive insurance. Insurance coverage provides security in the event of potential vendor mistakes. Without coverage losses will rarely be recovered in full.

BUSINESS CONTINUITY PLANS

In the event that disaster strikes, whether natural or human error, a business continuity plan (BCP) is necessary to ensure business is back to normal as soon as possible. A BCP is the detailed plan for action in the event of disaster and every vendor should have one. Process server companies should ask whether or not their vendors have a BCP in place.

When clients use a New Jersey process server company that asks the right questions they can be sure that the vendors they use are going out of their way to protect the data shared between them.

Choosing a competent subpoena process server in New Jersey is essential when seeking service of process.

Here are a few things to consider when seeking a process server in New Jersey:

They should be familiar with rules and regulations regarding service of process in the state of New Jersey and elsewhere. Any time a process server completes a service without ensuring that they have done so within the confines of the law the client risks costly and detrimental delays. J & K Investigative Services has over 40 years experience serving process in New Jersey, nationwide, and internationally. We have the knowledge and skills necessary to complete service properly.

A process server should always strive for working ethically. This is important in any profession, however in situations concerning the legal system it is imperative. Ethical service means doing things right and not cutting corners for the ease of the process server and to the detriment of the case.

Process servers should be responsive to questions from their clients. A client’s questions and concerns should be promptly addressed and the client should never feel as though they are inconveniencing their process server.

Timelines are important in legal proceedings and should be important to the process server hired to deliver documents for that proceeding. While meeting deadlines is important to keep legal proceedings processing smoothly, speedy and efficient service is also important in keeping the client happy.

A final consideration is the use of independent contractors within process server companies. It is very common for process server companies to hire independent contractors in order to serve process. This is an issue that can create problems. Independent contractors, legally defined, cannot be trained by the company and cannot be told when or how to serve. This creates inconsistencies with the quality of work provided by these companies.

When seeking service of process in another state it is important to make sure that your process server is an experienced professional. A skilled process server will not only be able to help you with serving a subpoena in New Jersey, but any number of legal documents in any state. Out-of-state service of process is uncomplicated for the veteran process server.

The majority of states have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA) which makes out-of-state process service significantly easier. A process server can handle all the parts and pieces involved with domesticating a subpoena in another state and having it served under the UIDDA. This largely allows for service of process in other states without the need for out-of-state legal counsel.

While most states have adopted the UIDDA it is important to note that there are a few who have not. In a situation with one of these states your process server will need to follow the procedures established by that state in order to complete the service.

There is no need to hire an out-of-state process server in order to complete a service in another state. A reliable and experienced process server will be able to deliver papers throughout the United States, as well as around the world. After doing your research and vetting a process server it is a relief not to have to do that all over again in a different state.

While the UIDDA has simplified out-of-state service of process, it is still of great value to be familiar with the rules regarding process serving in states other than your own. As an example Massachusetts and Minnesota do not allow for service of process on Sundays. It is always better to be cautious and follow both the rules for the receiving state and the original state. It is preferred to be overly cautious than to make a careless mistake.

J & K Investigative Services, Inc. would like to make out-of-state service of process as simple for you as possible.

The world around us is constantly changing. In the process server industry one thing will always remain the same, our dedication to protecting due process rights. However we have seen some fairly significant changes in the legal industry in recent years. In this changing world personal service will continue to be the best approach to serving legal documents and likely always will be. Even so, here are a few examples of recent developments.

E-FILING

E-filing has been an enormous boon to the legal industry. Paperwork that would otherwise need to be mailed or hand delivered can be sent almost instantly to whomever needs to receive it. This reduces costs for all parties and makes for a more streamlined legal process. In minutes after completing a service the server in the field can scan the affidavit of service, have it delivered to the attorney, and filed.

OPTIONS FOR SUBSTITUTE SERVICE

Personal service will always be the best approach to service of process and is the most assured way to guarantee the due process rights of an individual are being upheld. Personal service can also be very difficult. We live in a very mobile society and people change addresses much more frequently than in years past. Not everyone ensures that their information is up to date. It is always preferable to serve legal documents personally, however it is not always possible and then we must turn to substitute service options.

Process service via email and social media, while uncommon and not preferred, are permitted methods of substitute service when personal service has proven unsuccessful. Before these methods can be employed, the judge will need to grant special dispensation for alternate service. Verifying that the legal documents have been received via email or social media can be a challenge, however it is no more a challenge than alternate service via newspaper publication and is more likely to be seen by the receiving individual.

In this ever changing world we would like to support your need for a process server in New Jersey.