Private investigators in movies lurk in front of buildings with a long range camera, bag of potato chips, and crumpled suit. Despite this well-known stereotype, private investigators do play a very important role in Service of Process to ensure any involved parties are located.
It’s always a possibility that a party involved in a Service of Process can’t (or doesn’t want to!) be found. However, legal proceedings cannot continue if proper Service of Process does not occur. For this reason, private investigators are often hired to complete background research to determine the location of the missing party.
Two main forms of investigative work are beneficial in this situation: Skip Trace and Diligent Search.
Skip Trace
The purpose of the skip trace is to collect detailed information about the party in question in order to locate them. A skip trace usually includes information like driving record, utility bills, employment history, credit reports, and registered licenses and permits. Interestingly, this term was coined from the phrase “to skip town” since it deals with tracking down someone who appears to have left town with no warning.
Diligent Search
A diligent search is much more in-depth and requires active detective work rather than just paperwork. If the skip trace didn’t provide enough relevant information to locate the person needed for legal proceedings, then a diligent search can be completed by a licensed private investigator. In this case, the private investigator will use his many techniques and strategies to locate the party in question. This is a vital step in Service of Process, because it is often necessary to prove a diligent search has been done in the effort to find the other party involved in court proceedings.
If a Skip Trace and Diligent Search are unable to locate the defendant, the private investigator will provide a notarized Affidavit of Diligent Search detailing every step of the trace and search. This affidavit is then presented in court to prove that due diligence was completed but the other party could not be successfully located.
