Episode Transcript
[00:00:00] Speaker A: Welcome to the deep dive. Today we're plunging into a really critical part of the legal world. It's that moment when everything hinges on getting a document into someone's hands, legally speaking. And often, well, it gets frustrating. We're talking about making sure legal papers are properly served.
[00:00:16] Speaker B: Exactly. Especially when the person you need to serve seems to, well, vanish. Our mission today is to unpack how professional service of process works, particularly in places like New Orleans and Mataires. And more importantly, what happens next? What are the tools, the techniques used when someone goes off the grid? This is where skip tracing comes in.
[00:00:35] Speaker A: Right. We'll walk you through how you even get the documents to the server. First, basic logistics. Then we'll really dig into this fascinating, almost high tech world of professional skip tracing. The hunt for evasive people. You might be surprised at what's actually possible and why just googling someone doesn't cut it legally. Get ready for some aha moments here. Okay, let's start at square one.
Before anyone disappears, you've got legal documents. How do you actually get them submitted for, you know, an attorney or maybe a business meeting to serve someone? What's the first step with these professional firms?
[00:01:10] Speaker B: Well, the sources describe a pretty streamlined system is built around a secure document upload portal. The idea is convenience. Yeah, but also security and accuracy. You're not just emailing sensitive legal docs. It's designed for speed because, you know, legal deadlines are everything.
[00:01:24] Speaker A: Okay, a secure portal. So I have my papers ready.
What information do I absolutely have to provide when I upload?
[00:01:30] Speaker B: Right, so you upload the documents themselves, maybe multiple files securely, of course. But then you have to enter specific details, crucially the full name of the person or the business entity being served. You need the best known address for service. The physical address and any special instructions are really helpful. Like try serving after 6pm or maybe there's a dog, be careful, things like that.
[00:01:54] Speaker A: Gotcha. And I saw they handle more than just standard summons. Right. Things like eviction forms, Louisiana registered agent submissions. And this term caught my eye. New Orleans material Courthouse runner services for 24th JDC and CDC filing. What exactly is that?
[00:02:09] Speaker B: Yeah, that's specific to the local courts there. The 24th JDC is Jefferson Parish. CDC is Civil District court in Orleans Parish. So New Orleans proper, a courthouse runner service basically means they don't just serve the papers to the defendant and they also physically take your documents to the courthouse and file them for you. Which can be a huge time saver dealing with clerks deadlines.
[00:02:29] Speaker A: Ah, okay, so it's about handling the actual court filing logistics too. That makes sense. But let's talk workflow. I upload Everything at say, 10am is a server immediately heading out the door?
[00:02:40] Speaker B: Not quite. That's a common assumption. But there's a key step first. After you submit, you get a confirmation email. Okay, step one. Then you'll receive a prepaid invoice.
Service doesn't actually kick off until that invoice is paid.
[00:02:54] Speaker A: Right, so payment triggers the action.
[00:02:57] Speaker B: Exactly. It ensures commitment, manages their resources. They need that confirmation before dispatching someone. And the fact they mention being available 247 really highlights how time sensitive this all is in the legal world. Deadlines don't wait.
[00:03:11] Speaker A: Okay, so you followed the process, paid the invoice, given the best address you had, and then, bam, the papers come back unserved, maybe address unknown. The defendant has essentially ghosted you. What's the immediate impact of that? What happens to the case?
[00:03:25] Speaker B: Right then it stops.
Period. The case just stalls out completely before it even really begins. It's incredibly frustrating. The whole legal system depends on due process, which means proper notification. If you can't prove that the person was legally notified because they're hiding or maybe just moved and didn't update anything, the court can't proceed. They don't have jurisdiction. Hearings get canceled, timelines get blown up.
[00:03:50] Speaker A: Wow. So the person avoiding service basically wins that round just by hiding.
[00:03:55] Speaker B: Pretty much. It's a major tactical advantage for them achieved simply by, well, disappearing. And this is where the idea of skip tracing becomes absolutely essential.
[00:04:05] Speaker A: Now, before calling in the pros, a lot of people, maybe even smaller law firms trying to save costs, might try finding the person themselves. You know, Google social media searches, checking public records online. Why do the sources argue that this kind of amateur searching is, well, basically useless?
[00:04:21] Speaker B: Yeah, they're pretty blunt about it. A Google search is explicitly not skip tracing. That's a key takeaway. There are some major flaws with relying on just public, easily accessible info.
[00:04:31] Speaker A: Okay, like what? What are the big problems?
[00:04:34] Speaker B: Well, first, the data itself.
Public records, social media profiles. They're often way out of date, months, even years old. Sometimes an evasive person is counting on that lag time. Second, active evasion. People trying to avoid service aren't just sitting ducks. They might use fake names online, old photos, maybe list an old address deliberately. They're actively trying to mislead you.
[00:04:57] Speaker A: Okay, outdated info, act of deception. What's the third flaw? You mentioned something about legal admissibility before.
[00:05:03] Speaker B: Right, and this is critical, lets say against the odds. Your amateur digging does uncover A new address maybe. You find out they moved across town. You still can't just mail the papers there or serve them yourself. You need a licensed professional process server to physically deliver the documents and provide a sworn affidavit of service to the court.
[00:05:22] Speaker A: Ah, so even if I find them, my finding isn't legal proof of service.
[00:05:25] Speaker B: Exactly. Your results are just information. Maybe even just suspicion. They aren't legally useful for proving service. You need that official documented service by a neutral third party for the court to accept it. Amateur efforts don't meet that standard.
[00:05:39] Speaker A: Okay, so my Google Fu has failed me. The defendant is still missing. What's the gold standard difference? What secret sauce do these professional skip tracers have that lets them find people who are deliberately tracking not to be found?
[00:05:53] Speaker B: The fundamental difference is access.
Amateurs hit the wall of publicly available data professionals.
They have access to non public licensed databases. These are powerful tools. Think the kind of databases used by law enforcement, financial institutions, licensed investigators. They specifically mention tools like TLO and accurintlo.
[00:06:14] Speaker A: Accurint. Can you explain what those actually are? Are they just fancier search engines?
[00:06:18] Speaker B: Not quite. They're much more powerful. Think of them as massive proprietary investigative platforms. They aggregate and cross reference huge amounts of data that you and I just can't access. Consumer data, financial records, property info, util, vehicle registrations. And critically, much of this data is near real time. It's constantly updated from regulated sources, not static like a year old public record.
[00:06:39] Speaker A: Wow. Real time non public data. Let's make that concrete.
Say our defendant. Let's call him Dave. Moved from Materi. He gets a new apartment in Kenner, doesn't update his driver's license, maybe uses a relative's address for mail.
How would TLO or Accurint catch him when public searches fail?
[00:06:58] Speaker B: Good scenario.
The system isn't just searching Dave's new address. It's looking for activity linked to Dave's identifiers. Maybe his Social Security number, date of birth, even old phone numbers. So if Dave opens a new utility account in Canter, even if the bill goes elsewhere, that record likely hits the database. Or maybe he registers his car at the new place or gets added to a lease agreement. These tools connect those non obvious data points. They might see he's listed as an associate of the relative whose address he's using for mail. And it connects the dots.
[00:07:28] Speaker A: So it's piecing together his movements and activities from various restricted data sources.
[00:07:33] Speaker B: Precisely. It's about triangulating a current high probability residential address based on those footprints he's leaving. Even if he's trying to cover his tracks. And the sources also mention a local advantage is key, especially in places like Jefferson or Orleans Parish.
[00:07:49] Speaker A: How so?
[00:07:50] Speaker B: Well, having local expertise helps interpret the data.
Knowing the neighborhoods, common ways people might try to hide locally. It means they don't just find an address. They find the right address and can effectively dispatch a local server who knows the area. It's data plus human intelligence.
[00:08:06] Speaker A: Okay, so they have this powerful access. Now let's walk through the actual process. I hire them to find Dave. What are the practical steps they take and how does this end? With something I can actually use in court.
[00:08:17] Speaker B: It's a systematic approach designed for verifiable results.
Step one is information gathering from you, the client. You provide Dave's full name, his last known address, maybe is his date of birth, or if you have it, a Social Security number. The more identifiers, the better, right?
[00:08:33] Speaker A: Give them the starting point.
[00:08:34] Speaker B: Exactly. Step two, they run Dave's identifiers through those comprehensive non public databases. Tlo, accurint and potentially others. Step three is crucial analysis and verification. This isn't just automated. An experienced analyst reviews the results. They look at the linkages, assess the probability scores for potential new addresses, and confirm the best, most current one a human makes the final verification.
[00:08:58] Speaker A: Okay, so a person checks the machine's work, essentially validates it.
[00:09:02] Speaker B: Yes, that adds a layer of accuracy and judgment. Step four, dispatch. Once that high probability address is verified, a local process server is immediately dispatched to that location to attempt service.
And finally, step five, Proof. Assuming service is successful, you receive the legally critical document, the affidavit of service. That's your proof for the court.
[00:09:23] Speaker A: That whole process sounds like it should take a while, especially if someone is actively hiding. But the sources mention surprising speed. How fast can this actually happen?
[00:09:31] Speaker B: It can be remarkably quick, often because the underlying data is so current.
While sure, some complex cases might take longer, especially if someone's fled the country.
The sources suggest they can often locate and verify a new valid address within, say, 24 to 72 hours.
[00:09:48] Speaker A: Wow. One to three days? Potentially. What if they've left Louisiana altogether?
[00:09:52] Speaker B: The main databases they use are nationwide. So if Dave fled to Texas, for example, they can usually find the new address there. Then they typically coordinate with a trusted professional process server in that location in Texas to complete the service.
[00:10:05] Speaker A: Okay, last big question here.
Legality. Accessing utility info, vehicle records.
It feels intrusive. How is this legal? How does it comply with privacy laws?
[00:10:15] Speaker B: That's a very important point. And it's why only licensed professionals can do this. The sources are clear. All methods must be fully compliant with relevant laws, specifically mentioning the Federal Fair Credit Reporting act, fcra.
[00:10:28] Speaker A: Can you quickly explain what that means in this context? How does it permit this kind of search?
[00:10:33] Speaker B: Sure. The FCRA governs how consumer credit and related information can be accessed and used.
License investigators and process servers can access parts of this data, but only for specific legally permissible purposes like litigation support, debt collection or fraud prevention. They operate under strict legal guidelines and are often audited. They can't just pull this data for any reason. It has to be tied to a legitimate legal or business need. That compliance framework is what makes the process legal and and the results admissible. Hashtag tags tagoutro so this deep dive.
[00:11:05] Speaker A: Really shows that when a case hits that wall, the defendant vanishes. The answer isn't just trying harder with public searches. It's about leveraging this, this blend of licensed technology access and expert human analysis. Turning that vanishing act into a verified address, sometimes in just a few days.
[00:11:22] Speaker B: Absolutely. The key takeaway, I think, is don't let someone derail just assembly by hiding.
Professional skip tracing offers that necessary legal power, that verifiable proof, the affidavit of service backed by implied data access to keep your case moving forward. It breaks the stalemate.
[00:11:37] Speaker A: And of course, we need to include the standard legal disclaimer here, drawn from the sources. This conversation is for informational purposes only. It's definitely not legal advice. Every situation is different. If you've been served or you're thinking about legal action, you really must talk to a qualified attorney about your specific circumstances and options.
[00:11:56] Speaker B: That's essential.
And it leaves us with maybe one final thought to chew on.
Considering the kind of non public data licensed professionals can now access. Real time utility hookups, property records, vehicle registrations, known associates.
In today's world, how truly possible is it for someone to successfully, permanently disappear from the legal system? Something to think about.
