In legal proceedings, proper service of process is essential to ensure that all parties are notified and given the opportunity to respond. However, not every case goes smoothly—defendants and respondents may evade service, relocate without notice, or otherwise become difficult to find. When traditional service attempts fail, legal professionals must turn to alternative strategies such as skip tracing and diligent searches to locate individuals and complete the service process in compliance with the law.
Why Service of Process Might Fail
Service of process can be unsuccessful for several reasons, including:
- Evasive Defendants – Some individuals deliberately avoid being served to delay legal proceedings.
- Incorrect or Outdated Address Information – The person may have moved without updating their address records.
- Restricted Access Locations – Gated communities, secured apartment buildings, or workplaces with strict visitor policies can make personal service challenging.
- Name Changes or Alias Use – Individuals using different names can complicate identification and service.
Skip Tracing: Finding Hard-to-Locate Individuals
When a defendant or witness is unreachable through standard methods, skip tracing becomes a valuable tool for process servers and legal professionals. Skip tracing is the process of tracking down an individual using various data sources and investigative techniques.
Key Methods in Skip Tracing:
- Public Records Searches – Accessing property records, voter registration, and court filings to identify the most recent known addresses.
- Credit and Utility Records – Examining financial transactions, utility accounts, and credit activity for location clues.
- Social Media Investigations – Reviewing social media activity, employment updates, and location check-ins.
- Contacting Known Associates – Reaching out to family members, employers, or past landlords who may provide forwarding addresses.
- Database Cross-Referencing – Using proprietary databases to aggregate information from multiple sources.
By leveraging skip tracing, process servers can locate individuals who have gone off the grid and attempt service at a verified address.
Diligent Search: The Legal Alternative to Traditional Service
When the service of process is unsuccessful even after skip tracing, legal professionals may need to conduct a diligent search. A diligent search is a court-approved effort to locate and serve an individual before requesting alternative service methods, such as service by publication.
Steps in a Diligent Search:
- Documenting All Service Attempts – Keeping a detailed record of failed service attempts, including dates, times, and locations.
- Performing Additional Address Checks – Searching DMV records, employment records, and postal forwarding addresses.
- Hiring a Professional Investigator – Engaging licensed investigators to conduct field visits and surveillance when necessary.
- Court Petition for Alternative Service – If the individual remains unlocatable, filing a motion to serve by publication in a newspaper or other approved method.
Requesting Alternative Service Methods
If diligent efforts to serve an individual are unsuccessful, legal professionals may petition the court for alternative service methods, which may include:
- Service by Publication – Publishing a legal notice in a newspaper in the jurisdiction where the individual was last known to reside.
- Substituted Service – Leaving the documents with a responsible adult at the recipient’s last known address or workplace.
- Electronic Service – In some cases, courts may allow service via email or social media, particularly when traditional methods fail.
How Accurate Serve® of Charlotte Can Help
At Accurate Serve® of Charlotte, we specialize in handling difficult service cases. Our team is experienced in:
- Skip tracing to locate evasive individuals
- Conducting diligent searches to meet legal requirements
- Filing affidavits and documentation for alternative service petitions
- Ensuring compliance with North Carolina and South Carolina process service laws
Successful Process Service in the Carolinas
When traditional service of the process fails, legal professionals must act quickly and strategically. Utilizing skip tracing and diligent searches can help locate hard-to-find individuals and ensure that legal proceedings move forward. If you are struggling with an unresponsive defendant or respondent in North or South Carolina, let Accurate Serve® of Charlotte assist you in finding and serving them promptly.
For professional process serving and document retrieval, contact Accurate Serve® of Charlotte at 704-858-2952 or submit a work request online today.
