How can I get this lady served?

Question

I have filed a small claim recently and went today with a friend to have my friend serve her. Well there was a big orange sticker over the door jam saying the tenant have been evicted. I went to the main office (she was in an apartment complex) and they confirmed she was evicted but they had no forwarding info for her. So now I can't serve her.

How can I find her and get her served? I only know her name and cell phone.

Answer 1

Flattery missed one.  :)  Many jusrisdications allow for service in the Sunday edition of the local paper.  You may need to run it for two or more weeks for it to be valid.  Also, contact the court clerk's office; they may be able to give you a specific direction to take.

Something to think about though, say you get her served and she fails to appear and you get a default judgement, how are you going to collect?  If it is over $500 but less than $1000 (yeah, I know, small claims) you might want to consider a collection agency.  Since she was evicted, I can guarantee you that there are others after her.  You might even give that apartment complex a call again and ask them what agency they use.  Let them pay to have her skiptraced.  Just don't authorize anything other than contact until she is found.

There is an old collector's trick also to help you locate her bank.  Purchase a $5.00 cashier's check or money order.  Make up some story about a rebate or refund and send it to her once you get a good address.  Likely as not she will cash it.  Once she does, obtain a copy of the cancelled check from your bank.  Then you have what you need to collect, but move quick once you have it.

Answer 2

Mail it certified mail to the address with "forwarding address correction" written on the envelope, only chance you have.

Honestly, I wouldn't even bother.  If she got evicted, she has no assets, so even if you win you'd never collect a nickel.  75% of small claims judgments in the courts never get collected.  Ever.

Answer 3

You are never allowed to serve anyone legally unless you are an attorney. It's a conflict of interest.

As long as you know her name, then that is significant enough.

You can either hire a private company to serve her or the clerk at the court house can (this is were the sheriff part comes into play).

Answer 4

There are several ways to serve a defendant: Through the U.S. Postal Service via certified mail, through the Sheriff'sDepartment, through a private process server and The Secretary of State.

Answer 5

From a lawyer.  Go back to small claims court and ask them to issue substituted service by publication.  Ask them how to go about putting it into a legal newspaper or posting it in the Justice of the Peace's office.  

Answer 6

Let the sheriff serve her.  In my state she would not be considered served if you did it yourself.  When you filed the claim you had a choice of 2 ways to serve her, the sheriff or certified mail.  Which did you select?