⚖️ How to Find Someone to Sue Them: Complete Service of Process Guide ()

You can’t sue someone you can’t find. Whether you’re owed money, were injured by negligence, or have any other legal claim, your lawsuit goes nowhere until the defendant is properly served with legal papers. This comprehensive guide shows you exactly how to locate people for service of process—from DIY search methods to professional skip tracing services that find even the most elusive defendants.

Service of process is a constitutional requirement. Every defendant has the right to know they’re being sued and to respond. That means you need a valid address where they can receive legal papers—not just any address, but one where they actually live or can be legally served. When someone has moved, is actively hiding, or simply isn’t where you expect them to be, locating them becomes your first hurdle.

This guide covers everything plaintiffs, attorneys, and process servers need to know about finding defendants: the legal requirements for valid service, DIY search techniques, professional skip tracing options, and what to do when someone truly cannot be found. Whether you’re filing in small claims court or pursuing a major civil case, proper service starts with proper location.

20%
Defendants Not at Listed Address
72 hrs
Average Skip Trace Time
85%+
Professional Locate Rate
$75-150
Typical Skip Trace Cost

📋 Understanding Service of Process Requirements

Before diving into how to find someone, it’s essential to understand what valid service requires. Improper service can void your entire case, waste months of effort, and require starting over.

What Constitutes Valid Service

Service requirements vary by state and court type, but common methods include:

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Personal Service

Handing papers directly to the defendant. This is the gold standard—clear proof they received notice. Required in some courts and for certain document types.

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Substitute Service

Leaving papers with another adult at the defendant’s home or workplace, then mailing a copy. Acceptable when personal service fails after reasonable attempts.

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Service by Mail

Certified mail with return receipt requested. Some courts allow this for initial service; others only for subsequent filings. Effectiveness depends on someone signing.

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Service by Publication

Publishing notice in a newspaper when the defendant cannot be found after diligent search. A last resort with strict requirements about search efforts.

Service requirements are jurisdictional—what works in one state or court may be invalid in another. Always verify the specific service rules for your court before attempting service. Improper service can result in dismissal or void judgments.

Why You Need a Current, Valid Address

An address isn’t valid for service just because the defendant once lived there or receives mail there. For most service methods, you need:

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Current Residence: Where they actually live now, not where they lived last year or where their parents live.
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Workplace Address: Many states allow service at place of employment, which can be easier than catching someone at home.
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Registered Agent: For businesses, service is typically made on the registered agent listed with the state.
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Address Where They Can Be Found: For personal service, you need to know where they’ll physically be at a time when service can be made.

🔎 DIY Methods to Locate Defendants

Before paying for professional services, try these free or low-cost methods. Many defendants can be found with basic research, especially if they’re not actively hiding.

Start with What You Know

Review all information you have about the defendant from your prior dealings:

📄 Documents and Records

Contracts, invoices, correspondence, checks they wrote you, business cards, and any other documents may contain addresses, phone numbers, and employer information. Even outdated information provides starting points for tracing current whereabouts.

📱 Contact Information

Phone numbers, email addresses, and social media handles can all lead to current location information. Even if they’ve changed numbers, old contacts may reveal patterns or associates who know their current whereabouts.

Social Media Investigation

Social media is often the fastest way to find someone who isn’t actively hiding:

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Facebook: Search their name and check location information, check-ins, workplace listings, and “About” sections. Even private profiles often show current city.
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LinkedIn: Professional profiles typically list current employer and city—valuable for workplace service.
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Instagram: Location tags on posts and stories reveal where they spend time. Stories often show real-time location.
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Twitter/X: Profile location, geotagged tweets, and mentioned locations provide geographic clues.
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Other Platforms: TikTok, Nextdoor, dating apps, gaming platforms, and hobby communities may reveal location information.

Public Records Searches

Many public records are freely searchable online:

  • 🗳️ Voter Registration: Most states have searchable voter databases showing registered addresses.
  • 🏠 Property Records: County assessor websites show property ownership and addresses. If they own property, you have an address.
  • 🏛️ Court Records: Prior lawsuits, divorces, traffic tickets, and criminal cases list addresses. Search multiple counties.
  • 💼 Business Filings: If they own a business, Secretary of State records show registered agent addresses and officer information.
  • 📜 Professional Licenses: Licensed professionals (contractors, realtors, nurses, etc.) have searchable license records with addresses.
  • 💒 Marriage/Divorce Records: Recent marriage licenses and divorce filings are public and show addresses.
Don’t just search one county—people move. Search courts and records in areas where they have connections: where they grew up, where family lives, where they previously worked. Most people relocate to familiar areas rather than completely new territories.

Free People Search Websites

Numerous websites aggregate public records and provide basic people searches for free:

Sites like WhitePages, TruePeopleSearch, FastPeopleSearch, and similar services compile information from public records, phone directories, and data brokers. Results vary in accuracy and currency, but they’re free starting points. Be cautious about paid “premium” reports—professional skip tracing often provides better value for the cost.

🎯 Professional Skip Tracing Services

When DIY methods fail or you need guaranteed results quickly, professional skip tracing services offer access to databases and investigative techniques unavailable to the public.

What Professional Skip Tracers Access

Licensed skip tracing professionals access comprehensive databases that aggregate information from credit bureau headers, utility connections, postal records, DMV records, employment databases, and dozens of other sources. They can verify addresses, identify current employers, find phone numbers, and trace people who have actively tried to hide—typically within 24-72 hours.

Information Type DIY Access Professional Access
Current Address Social media, voter records (if registered) Credit headers, utility connections, postal records
Current Employer LinkedIn (if updated) Employment databases, income verification
Phone Numbers Old numbers from your records Current cellular and landline records
Address History Limited public records Comprehensive address timeline
Relatives/Associates Only those you know Full family and associate networks
Verification Cannot verify currency Can confirm address is current

Need to Locate a Defendant?

Our professional skip tracing team locates defendants for service of process nationwide. Get verified current addresses, employer information, and phone numbers—typically within 24-72 hours.

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When Professional Skip Tracing Makes Sense

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Unknown Current Address

If you only have an old address or no address at all, professional databases can trace their movements to find current location.

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Defendant is Avoiding Service

When someone knows they’re about to be sued and is actively evading, professional skip tracers can find alternative addresses and identify patterns.

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Time-Sensitive Deadlines

Statutes of limitations, court deadlines, or asset protection concerns may require fast results. Professional searches return data in days, not weeks.

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Need Employer for Garnishment

If you’re planning to garnish wages after judgment, knowing their employer before filing lets you move quickly once you win.

👔 Locating Business Defendants

Suing a business requires locating the proper entity and serving the right person. Requirements differ from individual defendants.

Identifying the Correct Entity

Before you can serve a business, make sure you’re suing the right entity:

🏢 Business Entity Search

Search your state’s Secretary of State business database. This reveals the exact legal name, entity type (LLC, corporation, etc.), registered agent, principal address, and current status. Suing “John’s Plumbing” when the legal name is “J. Smith Plumbing LLC” can create problems.

Serving Business Entities

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Registered Agent: Every business entity must designate a registered agent to accept service. This is often the easiest service option—they’re required to accept papers during business hours.
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Officers/Directors: Corporate officers, LLC members/managers, and general partners can often be served on behalf of the entity.
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Place of Business: Service at the principal business address to someone in charge may be valid in some jurisdictions.
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Secretary of State: Some states allow service on the Secretary of State when the registered agent cannot be found.
If a business has dissolved, been suspended, or had its registered agent resign, service becomes complicated. You may need to serve former officers personally or pursue special procedures. Check the entity’s current status before attempting service.

🏛️ Service Methods After Locating the Defendant

Once you have a valid address, you need to actually accomplish service. Several options exist, each with different costs, requirements, and effectiveness.

Personal Service by Process Server

Professional Process Servers

Hiring a professional process server is often the most reliable option. They’re experienced at locating people at addresses, know the legal requirements, and provide sworn proof of service (affidavit of service) that courts accept. Costs typically range from $50-150 for standard service, more for rush service or difficult defendants.

Sheriff Service

Law Enforcement Service

Many jurisdictions allow (or require) the sheriff’s office to serve civil papers. Fees are usually lower than private process servers ($25-75), but service may take longer and sheriff deputies won’t make as many attempts as private servers. Some defendants take sheriff service more seriously.

Service by Mail

Where permitted, certified mail with return receipt requested offers a cost-effective option. However:

  • ✅ Works well when defendant is cooperative or simply doesn’t know a lawsuit is coming
  • ❌ Fails if they refuse to sign, aren’t home, or use a P.O. Box
  • ⚠️ Not valid for all document types or in all courts
  • 📋 Some courts require follow-up with personal service if mail is refused or unclaimed

📰 Service by Publication: The Last Resort

When a defendant truly cannot be found after diligent search, courts may allow service by publication—publishing a legal notice in a newspaper. This is a last resort with strict requirements.

Requirements for Service by Publication

1. Demonstrate Diligent Search

You must show the court you made genuine, thorough efforts to find the defendant. This typically means documenting searches of public records, skip tracing attempts, inquiries to known associates, and multiple attempts at last known addresses.

2. File Motion and Declaration

Prepare a motion requesting permission for service by publication, accompanied by a declaration detailing all search efforts made. The court must approve before you can proceed.

3. Publish the Notice

If approved, publish the required notice in a newspaper—usually a paper of general circulation in the area where the defendant was last known to reside. Publication typically must run for several consecutive weeks.

4. File Proof of Publication

After publication is complete, file proof with the court. The defendant then has a response deadline from the last publication date.

Service by publication rarely results in actual notice to the defendant, so any judgment may be harder to enforce or more vulnerable to being vacated later. Always prefer actual service when possible. Publication is truly a last resort when all other methods have failed.

💰 After Service: Preparing for Collection

Smart plaintiffs think beyond service to eventual collection. Information gathered during the locate process helps with post-judgment enforcement.

Information to Gather for Future Collection

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Current Employer: Essential for wage garnishment. If your skip trace reveals employment, document it for later use.
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Real Property: Property ownership records allow you to file judgment liens that attach to their real estate.
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Vehicle Information: In some states, vehicles can be seized or liens placed on vehicle titles.
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Business Interests: If they own businesses, business assets and accounts may be collectible.
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Banking Information: Bank account information enables bank levies after judgment.

🎯 Think Ahead to Collection

A judgment is only valuable if you can collect it. The $75-150 you spend on skip tracing before filing can reveal whether the defendant has assets worth pursuing—and provide the information you’ll need to garnish wages or levy accounts once you win.

Ready to File? Get Complete Information First

Our skip tracing and asset searches give you the full picture—current address for service, employer for garnishment, and assets for collection. Set yourself up for success from day one.

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⚖️ Special Situations

Certain defendant types present unique location and service challenges.

Out-of-State Defendants

When suing someone in another state, you need to satisfy that state’s “long-arm” jurisdiction requirements and follow proper service procedures for out-of-state defendants. Many states allow service by mail for out-of-state defendants where they wouldn’t for in-state service. Professional skip tracers search nationwide and can locate defendants regardless of where they’ve moved.

Military Personnel

Active duty military members have certain protections under the Servicemembers Civil Relief Act (SCRA). Before obtaining a default judgment, you must verify military status through the DoD’s database. Service may need to be made through military channels in some cases. However, active duty status doesn’t prevent lawsuits—it provides procedural protections and potential delays.

Incarcerated Defendants

Inmates can be sued and served in jail or prison. Search inmate locator databases (federal BOP, state DOC websites) to find their current facility. Service is typically made through the facility’s administration. Incarcerated defendants may have limited assets, but judgments can be collected upon release.

Defendants Who Have Died

If a defendant dies before or during litigation, claims must typically be pursued against their estate. Search probate court records to identify executors/administrators, who are then served on behalf of the estate. Deadlines for filing claims against estates are strict—act quickly upon learning of death.

Minors and Incapacitated Persons

Lawsuits against minors (under 18) must typically be served on a parent or legal guardian, not the minor directly. Similarly, incapacitated adults require service on their legal guardian or conservator. These defendants may require appointment of a guardian ad litem to represent their interests in the litigation.

Government Entities and Employees

Suing government entities has special requirements. Federal agencies are served through specific procedures outlined in the Federal Rules. State and local governments typically require service on designated officials (state attorney general, city clerk, etc.). Government employees sued in official capacity are served through their agency. Shorter deadlines and notice requirements often apply to government claims.

🎯 Pre-Filing Considerations

Smart plaintiffs investigate defendants before filing lawsuits. Understanding who you’re suing and their situation helps you make informed decisions.

Research Before Filing

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Verify Identity: Make sure you have the defendant’s correct legal name. “John Smith” vs. “Jonathan Smith” vs. “J. Smith LLC” can determine whether your case proceeds smoothly.
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Confirm Correct Defendant: Are you suing the right person or entity? Individual vs. business? Parent company vs. subsidiary? Getting this wrong wastes time and money.
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Check for Assets: A preliminary asset search reveals whether the defendant has anything to collect. This informs your decision about pursuing the case.
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Identify All Potential Defendants: Are there co-defendants who should be included? Guarantors? Insurance? Multiple defendants may improve collection odds.
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Confirm Current Location: Having a verified address before filing saves scrambling after the case clock starts ticking.
The few hundred dollars spent on skip tracing and asset research before filing can save thousands in wasted litigation costs against uncollectible defendants. Know who you’re suing and whether recovery is realistic before investing in a lawsuit.

📊 Cost-Benefit Analysis

Before investing significant time and money locating a defendant, consider whether the case is worth pursuing. Not every valid legal claim justifies the costs of location, filing, and potential collection challenges.

Factors Favoring Pursuit

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Significant Amount at Stake: Claims of several thousand dollars or more justify location expenses and court costs.
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Defendant Has Assets/Income: If you know they’re employed or have property, collection is realistic.
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Clear Liability: Strong cases justify pursuit; questionable claims may not be worth the investment.
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Principle Matters: Sometimes accountability matters beyond pure dollar recovery.

Factors Against Pursuit

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Small Amount Owed: Claims under $500-1,000 may cost more to pursue than you’d recover.
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Defendant is Judgment-Proof: No job, no assets, on disability—even winning yields nothing collectible.
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Defendant Has Disappeared Completely: If extensive skip tracing can’t find them, service by publication leads to weak judgments.
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Statute of Limitations Issues: If time has nearly expired, rushed service may be challenged.

🔄 Working with Attorneys and Process Servers

Understanding how professional service works helps you make informed decisions about who to hire and what to expect.

Choosing a Process Server

Process servers vary in experience, pricing, and service quality. Here’s what to look for:

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Proper Licensing

Many states require process servers to be licensed, registered, or bonded. Verify credentials before hiring—service by unqualified individuals may be challenged.

2

Experience Level

Experienced servers know how to handle difficult defendants, understand court requirements, and provide proper documentation. Ask how long they’ve been serving papers.

3

Service Area Coverage

Confirm they serve in the geographic area where your defendant is located. Some servers cover wide areas; others are limited to specific counties.

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Attempt Policies

Ask how many attempts are included in their fee and at what times they attempt service. Good servers try at varied times to catch defendants at home.

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Communication

Choose servers who provide updates and are responsive to questions. You need to know what’s happening with your service attempts.

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Pricing Transparency

Get clear pricing upfront, including what additional charges may apply for rush service, stakeouts, or multiple attempts beyond the standard number.

When Attorneys Handle Service

If you’ve hired an attorney, they typically coordinate service through their network of process servers. Benefits include:

  • ✅ Attorney knows exactly what documentation the court requires
  • ✅ Established relationships with reliable process servers
  • ✅ Attorney can handle complications like substitute service motions
  • ✅ Proof of service is properly filed with the court
  • ✅ Attorney monitors deadlines and follows up as needed

📋 Documentation Best Practices

Proper documentation of your location efforts serves multiple purposes: it supports service by publication if needed, protects against challenges to service validity, and demonstrates diligent effort to the court.

What to Document

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Search Methods Used: List every database, website, and public record source you searched, with dates and results.
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Addresses Attempted: Record every address where service was attempted, dates, times, and what happened at each attempt.
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Contact with Associates: If you contacted family, friends, or employers seeking location information, document these conversations.
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Skip Trace Results: Keep copies of any professional skip trace reports as evidence of systematic search efforts.
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Process Server Reports: Maintain all affidavits of service, non-service reports, and correspondence with process servers.
Courts look favorably on plaintiffs who demonstrate thorough, systematic efforts to locate defendants. If you eventually need service by publication, detailed documentation of your search efforts is essential to getting court approval. Start documenting from day one.

⏱️ Timeline Considerations

Understanding typical timelines helps you plan your case and manage expectations.

Typical Timeline for Locating and Serving Defendants

Days 1-3: Initial Search

DIY searches of social media, public records, and free databases. Professional skip trace ordered if needed. Initial results often available within 24-72 hours.

Days 4-7: Service Arranged

Process server engaged with defendant’s address. First service attempts typically occur within days of receiving papers and address.

Days 7-21: Service Attempts

Multiple attempts at different times if defendant isn’t served on first try. Most cooperative defendants are served within 2-3 weeks.

Days 21-60: Difficult Defendants

Evasive defendants may require additional skip tracing, workplace service, or substitute service procedures. Courts expect reasonable diligence during this period.

Days 60-90+: Alternative Service

If standard methods fail despite diligent efforts, motion for alternative service (publication, email, posting) may be filed. This extends the timeline significantly.

Avoiding Service Deadline Problems

Don’t wait until service deadlines approach to begin locating defendants. Start your search immediately after filing (or before filing if statute of limitations permits). Rushing service at the last minute leads to problems:

  • ⚠️ Less time to find defendants who have moved or are hiding
  • ⚠️ Rush fees for expedited skip tracing and process service
  • ⚠️ Less time to pursue alternative service methods if needed
  • ⚠️ Risk of case dismissal if extensions aren’t granted

❓ Frequently Asked Questions

Here are comprehensive answers to the most common questions about locating defendants and completing service of process:

How much does it cost to find someone to serve with a lawsuit?
DIY methods using free public records cost nothing but time. Professional skip tracing typically runs $75-150 for a standard search. Difficult cases requiring more investigation may cost more. This investment is usually worthwhile given the importance of valid service.
Can I sue someone if I don’t know their current address?
You can file a lawsuit without knowing the address, but you’ll need to locate them for service before the case can proceed. Courts typically give plaintiffs time to accomplish service, but cases can be dismissed if service isn’t completed within deadline (often 90-120 days, extendable for good cause).
What if the defendant is avoiding service?
Defendants who dodge process servers can often be served through substitute service (leaving papers with another adult at their residence) or service at their workplace. Professional process servers are skilled at serving evasive defendants. Courts may also allow alternative service methods in difficult cases.
Can I serve someone at their workplace?
In most jurisdictions, yes. Workplace service is often more effective than home service because you know when they’ll be there. Service is typically made on the defendant personally or, for substitute service, on someone in charge at the business. Check your court’s specific rules.
How long do I have to serve the defendant?
Deadlines vary by jurisdiction and case type. Federal court requires service within 90 days of filing. State courts typically allow 60-120 days. Extensions are usually available for good cause. Failure to serve within deadline can result in dismissal without prejudice (you can refile, but statutes of limitations may become an issue).
What if the defendant moved out of state?
You can still pursue them if your court has personal jurisdiction (often based on where the underlying events occurred). Service procedures for out-of-state defendants differ—many states allow certified mail for out-of-state service. Professional skip tracers search nationwide and can locate defendants anywhere.
Can I serve someone by email or social media?
Some courts have allowed service by email, social media, or even text message in specific cases where traditional methods failed and the defendant clearly uses those channels. This requires court approval and is not standard practice. Don’t attempt alternative service without explicit court permission.
What information do I need to give a skip tracer?
At minimum: full name and last known address. More information improves results: date of birth, Social Security number, phone numbers, employer information, vehicle information, or known associates. The more you provide, the faster and more accurate the search.
Do I need a lawyer to find and sue someone?
For small claims court, you can handle everything yourself—locating the defendant, filing the case, arranging service, and presenting your case. For larger claims in civil court, an attorney is advisable though not legally required. Many plaintiffs hire attorneys for complex litigation while handling skip tracing themselves.

📚 Related Resources

Continue your research with these comprehensive guides:

⚖️
Complete Guide to Judgment Collection
What to do after you win your lawsuit
💰
Wage Garnishment Laws by State
State-specific garnishment procedures
🔍
Asset Search Guide
Finding defendant assets before and after judgment
🎭
Find Someone Who Scammed You
Tracking down fraud perpetrators

Ready to Locate Your Defendant?

Our professional skip tracing team has over 20 years of experience locating defendants for service of process. Fast, accurate, and affordable—get the information you need to move your case forward.

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