Finding a person is a very difficult task, made only more difficult when they need to be served. When a plaintiff brings a lawsuit against a defendant, the law requires the defendant to be served a notice of the court action. This is done so that the defendant has enough time to prepare a defense, and is an important part of due process.However, what happens when the person being served is extraordinarily hard to locate?
Skip tracing comes in. Skip tracing essentially boils down to locating a person’s whereabouts, the word itself coming from the idiomatic expression ‘to skip town’ [to depart in a haste] and to ‘trace’ the path that they might have taken. Skip tracing tactics may be employed by a skip tracer, contact tracer, debt collector, process server, bail bondsman or bail agency enforcer [bounty hunters], repossession agent, private investigator, lawyer, police detective, journalist, or by any person attempting to locate a subject whose contact information is not immediately known. Similar techniques have also been used by investigators to locate witnesses in criminal trials.
Collecting information is the keystone to successfully locating an evasive individual. Data is amassed about the individuals, then analyzed and verified in order to obtain new and correct points of contact while also sifting out details specifically manufactured to muddle their location. Essentially, a skip tracer’s job is to identify real details about the individual to be located and collect the same.
The job is a lot more than research, though. Third-party individuals who can assist the process can be identified thus, which can usher the process along at a faster pace. This can be attributed to the fact that even when no specific information is returned, public and private databases exist that cross-reference skip tracing information with others the ‘skip’ may have lived within the recent past. For instance, if previous records show a ‘skip’ lived in the same house as a third party, the third party may also be skip traced in an effort to locate the primary target.
Records that ‘skip tracers use may include phone number databases, credit reports [including information provided on a loan application, credit card application, and in other debt collector databases], job application information, criminal background checks, utility bills [electricity, gas, water, sewage, phone, Internet, and cable], social security, disability, and public tax information. While some of these records may be publicly available, some cannot be accessed without an appropriate search warrant, which is generally only available to law enforcement.
Skip tracing is needed to serve someone who just plain doesn’t want to be served. They’ll take steps to avoid this, changing addresses or jobs, or just dropping off the grid as much as they possibly can. Service is especially hard here if it’s for a person whose particulars one does not have.
If this happens, a process server intervenes. They’re armed with access to higher-technology services, experience from performing the skip trace routine before, and insider information. Even if their address seems like it’s an internet search away, process servers are faster and more efficient, often relying on colleagues to pool in resources and locate the individual.
Additionally, a process server actually knows how to go about skip-tracing legally. It’s difficult to maneuver the mire of federal, local, and state laws, especially with the issues of trespass and privacy, but process servers are trained to be able to work past the same.
So, is skip tracing legal?
Essentially, yes. However, privacy laws will still be binding. For example, State Senator Chris Jacobs has introduced legislation to protect the privacy rights of New York residents as the state begins to engage in contact tracing efforts as a key part of its reopening strategy. According to state and national public health officials, contact tracing can help monitor infected individuals as reopening businesses and COVID-19 restrictions loosen.
To prevent a breach of privacy, Jacobs’ bill would require that any person traced must voluntarily opt-in to the tracing program, and it provides that they can withdraw at any time with the assurance that their personal data is encrypted. The legislation creates two new E felonies for unlawful dissemination of contact tracing information as well as unlawful use of a surveillance drone. It also establishes a cause of action enabling people to sue entities responsible for any violation of their right to privacy as it relates to contact tracing. Aggrieved individuals would be allowed to seek damages or declaratory or injunctive relief.
While the above example isn’t purely for skip tracing, it is a good example of what are illegal ways of obtaining information or accessing private documentation without consent. It must be understood that while service to an individual is exceedingly important, being upfront about one’s intentions while also specifically checking local laws and business regulations is what’s necessary to understand exactly what one is permitted to do.
The situation of a skip tracer is also likened to those of debt collectors. The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the behavior and actions of third-party debt collectors who are attempting to collect debts on behalf of another person or entity. The law, as amended in 2010, leaves a few channels to contact debtors, and even specifies the regularity through which they may be contacted. If the FDCPA is violated, a suit may be brought within one year against the debt collection company as well as the individual debt collector for damages and attorney fees.
Where does bounty hunting come in?
Since skip tracing is often associated with bail bonds and bounty hunting, many bail bondsmen and bounty hunters use skip trace services to locate individuals. They are not synonymous, though, and skip tracers can never exist as bounty hunters.
Skip tracing with regards to bounty hunting refers to a person who has skipped bail. It’s an intentional skip because they do so to avoid jail rather than just an unintentional, well-meaning skip. This means that the process of locating the fugitive is significantly more difficult, as bounty hunters will also have to attempt an apprehension of the fugitive.
Skip tracing is not unlike detective work, as it involves scouring databases, understanding where and how to search for information, and following up on leads. Skip tracing professionals conduct interviews, engage in surveillance activities, and assess information about their subject.
In the past, dumpster diving was a part of skip tracing. Skip tracers are often used to conceal their true identities and motives in order to gain more information. This form of deception, known as ‘pretexting.’ is legal now in Washington, D.C., Maryland, and Virginia. With the rise of the internet, a lot of skip tracing is conducted online with paid search sites and subscriptions to a number of paid databases. tracers will subscribe to a number of paid databases to help them gather and verify the information.
With COVID-19 requiring every county in the United States to build a contact tracing plan, this industry is expected to hire tens of thousands of tracers in 2020.
At Undisputed Legal, we pride ourselves on being your trusted partner for comprehensive and specialized Investigation Services. Our meticulously designed services are tailored to help you locate individuals or parties with unparalleled efficiency. Whether you’re a legal professional navigating complex cases, a business owner conducting due diligence, or an individual seeking answers, our experienced team is dedicated to delivering reliable, comprehensive, and customized solutions to meet your unique requirements.
Our expert investigation services form the cornerstone of our offerings. We understand that each case is unique, requiring a tailored approach to yield the best results. Our team of highly trained and experienced investigators utilizes cutting-edge techniques and resources to locate missing persons or parties with unmatched skill and precision.
Key features of our Expert Investigation services include:
Our specialized non-military investigation services are designed to determine whether an individual is currently serving in the military. This service is crucial for legal proceedings, as the Servicemembers Civil Relief Act (SCRA) provides certain protections to active-duty military personnel.
Here’s what our non-military investigation entails:
Understanding an individual’s military status is crucial in many legal proceedings. Our non-military investigation services provide you with the accurate, verified information you need to proceed appropriately in your legal matters.
Our skip trace services are designed to help you locate individuals who may be intentionally or unintentionally difficult to find. We offer both basic and comprehensive skip trace services to cater to different needs and budgets.
Basic Skip Trace Service:
Comprehensive Skip Trace Service:
Our skip trace services have proven invaluable in various scenarios, including:
We pride ourselves on our high success rate in locating individuals, even in the most challenging cases.
In today’s world, having accurate information about an individual’s background is crucial for making informed decisions. Our background search services provide a comprehensive look into a person’s history, offering valuable insights for various purposes.
Our background search includes:
Our background search services are particularly valuable for:
We ensure that all our background searches comply with relevant laws and regulations, including the Fair Credit Reporting Act (FCRA) when applicable.
At Undisputed Legal, we understand that the value of our services lies in the accuracy and comprehensiveness of the information we provide. Our commitment to quality research is unwavering, and we employ a multi-faceted approach to ensure the highest standards of accuracy:
The culmination of our investigative efforts is presented in our detailed investigation reports. These reports are designed to provide you with clear, concise, and actionable information. Key features of our reports include:
Our reports are designed to be easily understandable while providing the depth of information needed for you to make informed decisions based on the results of our investigation.
At Undisputed Legal, we recognize the sensitive nature of investigations and the importance of discretion. Our commitment to confidentiality is absolute:
Simultaneously, we understand the importance of timely results in legal and business matters. Our commitment to efficiency includes:
At Undisputed Legal, we offer more than just investigation services – we provide peace of mind. Our comprehensive range of services, from expert investigations and skip tracing to background searches and non-military investigations, are designed to meet all your investigative needs.
With our team of experienced professionals, advanced technological tools, and unwavering commitment to accuracy and confidentiality, we stand ready to tackle even the most complex investigative challenges. Whether you’re a legal professional seeking crucial information for a case, a business owner conducting due diligence, or an individual in need of answers, Undisputed Legal is your trusted partner.
We invite you to experience the Undisputed Legal difference. Contact us today to discuss your investigation needs and discover how our comprehensive services can help you achieve your goals with confidence and peace of mind.
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1. Senate Bill S8327, 2019-2020 Legislative Session, Relates to protecting people’s privacy during contact tracing
2. The Fair Debt Collection Practices Act (FDCPA), Pub. L. 95-109; 91 Stat. 874, codified as 15 U.S.C. § 1692
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Skip tracing is the process of locating an individual’s whereabouts when their contact information is not immediately known, often because they are intentionally evading service. In legal process service, skip tracing is used to find defendants, witnesses, or other parties who need to be served notice of a court action but are difficult to locate.
Skip tracers utilize a variety of records, including phone number databases, credit reports, job application information, criminal background checks, and utility bills. Some information can be accessed publicly, while others may require legal authority, such as a warrant, especially for sensitive data.
Skip tracing is crucial when the person to be served is actively avoiding notice, as due process requires that defendants are properly notified of court actions. Without accurate service, legal proceedings can be delayed or dismissed, making skip tracing an essential tool for process servers like those at Undisputed Legal.
Skip tracing can be performed by process servers, private investigators, debt collectors, bail bondsmen, and even legal professionals. At Undisputed Legal, experienced process servers often employ skip tracing techniques to ensure that hard-to-find individuals are located and properly served.
For standard skip tracing services, the first attempt to locate an individual is typically made within 3-7 business days. Expedited cases may see same-day or next-business-day action; for more information or to request service, contact Undisputed Legal at 800-774-6922.
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