You’ve got the evidence. You’ve filed the case. But now, there’s a problem, and it’s a big one: You can’t find the defendant.
No defendant means no service of process. And without that, there’s no court date, no judgment, and no justice.
But just because someone disappears doesn’t mean your case is over. That’s where skip tracing comes in — a powerful investigative method that legal professionals use to locate hard-to-find individuals and move lawsuits forward.
What Happens If You Can’t Find the Defendant
Legally, you can’t just proceed with a case if the defendant is missing. Sometimes, people change addresses without updating their records. Other times, they’re intentionally avoiding being served.
In either case, if you can’t find the defendant, your legal team can’t proceed with the next steps, especially service of process, which requires the defendant to be officially notified.
This isn’t just a rare issue, it happens in many types of cases, like personal injury, civil disputes, and even some criminal matters. It’s important to act quickly and legally if the defendant disappears.
What Is Skip Tracing and How Does It Help Legal Cases?
Skip tracing is the process of locating an individual whose whereabouts are unknown. It is a vital tool used to find a defendant who may be actively avoiding service of process or has simply become difficult to locate due to a change of address or circumstances.
Skip tracing uses a combination of data searches, investigative methods, and digital forensics to uncover someone’s whereabouts. For legal cases, it’s typically used when a defendant must be found in order to serve them court documents, notices, or subpoenas.
Legal teams utilize skip tracing services to obtain the necessary contact information for process servers and to conduct thorough background research on individuals involved in a case.
How Skip Tracing Works
Locating the defendant often involves a multi-pronged approach, leveraging a variety of resources and techniques. Skilled skip tracers connect seemingly disparate pieces of information to build a comprehensive picture of an individual’s current whereabouts.
Their toolkit often includes:
People search databases
These aggregate public information such as phone numbers, email addresses, and past residences.
Public records and DMV info
Accessing official records related to addresses, vehicle registration, and other identifying details.
Social media tracking
Analyzing online presence and connections to identify potential leads. Posts, tags, check-ins, and even photos can reveal a location.
Employment and utility records
Investigating employment history and utility service connections for address information.
Known associate tracing
Reaching out to individuals who may have information about the defendant’s location. Looking into friends, relatives, or former roommates who may know more.
By strategically using these tools and tactics, professionals can legally connect the digital dots and physical trails to locate the defendant.
When and Why to Use a Private Investigator
While online people-search databases can be a starting point, there’s a significant difference between DIY searches and hiring a professional private investigator.
A private investigator becomes particularly necessary when dealing with evasive defendants who are:
- Actively avoiding legal contact.
- The case is high stakes.
- The individual has limited digital presence.
Licensed private investigators are bound by legal limitations and ethical boundaries, ensuring that all information is obtained and used appropriately. Their expertise and resources often go far beyond what is available to the general public.
How Long Does Skip Tracing Take to Find a Defendant?
The timeline for skip tracing can vary considerably depending on the complexity of the case and the individual being sought. Some individuals can be located relatively quickly, sometimes within hours, representing quick hits.
However, in more challenging situations, especially when the defendant is intentionally avoiding detection, the process can become a long-haul effort, potentially taking weeks.
Factors that influence how long it takes to find a defendant include
- How recently the defendant moved or changed contact info.
- Whether the person is actively hiding.
- The skill of the skip tracer or investigator.
- How much public data is available.
While some searches wrap up quickly, others are a slow burn but even long searches can be critical to keeping a case alive.
Cost of Skip Tracing to Find a Defendant
The cost of skip tracing can also vary, with common national averages ranging from a few hundred to several thousand dollars.
What influences the price? Urgency often plays a role. Expedited searches may cost more. The complexity of the case is a significant factor; finding someone who has moved frequently and left a few digital footprints will naturally be more labor-intensive. The defendant’s last known location and whether a private investigator is ultimately needed will also impact the final cost.
While it represents an additional expense, the cost of skip tracing is often a worthwhile investment to keep a case moving forward and ultimately achieve justice.
What You Should Know
A missing defendant can feel like a dead end, but with the right tools and the right team, it’s just a detour.
With a smart and strategic approach, utilizing powerful tools like skip tracing, legal teams can often stay one step ahead.
Many legal teams recognize the specialized nature of skip tracing and turn to trusted support services. Firms like Fund Capital America, known for providing financial solutions for plaintiffs, also offer valuable legal support services that include professional skip tracing.
Partnering with specialists streamlines the process, saves valuable time for legal teams, and ensures that all investigative efforts are conducted in full legal compliance.
Who is Fund Capital America?
Since 2006, Fund Capital America (FCA) has been a trusted leader in pre-settlement funding, providing cash advance loans to plaintiffs in personal injury and accident cases. Over the years, FCA has proudly served thousands of law firms and tens of thousands of clients, helping them navigate the financial challenges of litigation. While our core service is pre-settlement funding, we also offer a comprehensive range of services to support law firms and their clients from the beginning of the case to the final settlement check distribution.
Fund Capital America’s Services
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