Process Service : What is Process Service and should I hire someone to serve my legal documents?

Process Service

Process service is a legal procedure that involves serving legal documents to individuals or entities, such as businesses. It encompasses a wide range of legal documents, including criminal subpoenas, civil subpoenas, summonses, divorce and child custody documents, and subpoenas requesting documents from companies.

Legal requirements govern the proper manner of serving and filing legal documents through the court system. Adhering to these requirements is crucial to avoid delays during the court proceedings and potential additional fees.

In Idaho, the process of serving legal documents is governed by the Idaho Code of Civil Procedure. The procedures outlined include:

  • No license is required for Process Servers.
  • Process Servers must be at least 18 years of age and not parties to the action.
  • Summonses or Complaints must be served within six months of filing.
  • The person executing the process does not need to have the original document when serving.
  • Service may be accomplished by direct service to the individual or a person over the age of 18 residing with the individual.
  • Serving process to a corporation may be accomplished by delivering a copy to the authorized agent of the corporation.
  • Proof of service must be filed with the court of jurisdiction and must include the name of the Process Server, manner of service, and the date and place of service.

For a comprehensive description of the Process Server procedures in Idaho, please refer to the Idaho Code of Civil Procedure: https://www.serve-now.com/resources/process-serving-laws/idaho.

Should I Hire a Process Server to Serve My Legal Documents?

The decision to hire a Process Server to serve your legal documents depends on various factors. If the individual you are serving is cooperative, easily located, and not evading service, you may consider having a willing friend assist you. In such cases, you will need to follow the proper court procedures to file the proof of service, which can save you time and money if all goes smoothly.

Regrettably, the majority of Process Service cases involve individuals who may not be receptive to being served or located, or whose character raises concerns about their willingness to cooperate with a known or untrained individual. In such situations, it is advisable to engage the services of a professional Process Server.

Typically, Process Servers charge between $75 and $100 for serving documents, and they usually include multiple attempts to locate and serve the individual. Some companies may also charge additional fees based on time and mileage. If the service requires a Process Server to locate and attempt service to an uncooperative, difficult-to-locate, or potentially confrontational individual, additional fees may apply.

My most recommended course of action for a client is to hire a professional Process Server, particularly if there is any uncertainty regarding the individual’s cooperation, location, or potential for confrontation.

SKIP TRACING – How difficult is it to find someone?

🕵️ Eight Tips for Locating an Individual (Skip Tracing)

The process of locating an individual, often referred to as skip tracing, can be complex. There are many reasons for needing to find someone, such as locating an old friend, identifying a runaway, or serving legal documents.

Crucial First Step: Before conducting your own research, especially in cases involving crimes (like child abduction or missing persons with suspicious circumstances), you must notify law enforcement.

While licensed private investigators have access to proprietary databases, non-investigators can still conduct effective due diligence using publicly available resources. Below are eight tips to get you started.


The Eight Tips for Locating an Individual

1. Utilize Online Database Websites

Access websites like SpokeoBeenVerified, or Zabasearch to gather fundamental background information on the individual.

  • Action: Obtain basic details (address, phone numbers, relatives, associates).
  • Strategy: Run searches on their known relatives or associates, as the “skip” may be residing with them now.

2. Conduct a Comprehensive Social Media Search

Search all major social media platforms (Facebook, Instagram, Twitter/X, LinkedIn) using the individual’s full name, maiden name, or any known aliases.

  • Constraint: The accessibility of information depends on the individual’s privacy settings.
  • Hint: Many people share their current location in posts. If the individual’s profile is private, explore their publicly accessible “friends” or associates for leads.

3. Review Local Court Records

If you have identified specific cities or counties associated with the individual, search the local court records.

  • Resource: Most state and county governments maintain websites allowing name-based searches.
  • Information Gained: These records may reveal involvement in civil or criminal cases and list other parties involved, providing potential new leads.

4. Contact Prior Residences and Landlords

Reach out to the management or landlord of the individual’s prior residences.

  • Inquiry Points: Ask if the individual left an emergency contact or a forwarding address (e.g., for a deposit refund).
  • Alternative: New residents may be acquainted with or related to the individual.

5. Search Public Property Records

Most counties maintain public property records that can be accessed online.

  • Search Method: While some records require an address, many allow searching by name.
  • Strategy: Searching the individual’s family name can uncover property owned by family members, potentially revealing a current residence or a point of contact.

6. Verify Professional Licenses and Businesses

If you suspect the individual holds a professional license, search the corresponding state or local government entity.

  • Outcome: These entities may disclose the business associated with the license.
  • For Self-Employed: Verify their name and business on the Better Business Bureau (BBB) and your state’s professional licensing records.

7. Check Incarceration Status

Locating an individual who may be incarcerated requires contacting the relevant jurisdiction.

  • Federal Inmates: Use the Bureau of Prisons Inmate Locator: https://www.bop.gov/inmateloc/
  • State/Local Inmates: Check the specific jail or Department of Corrections website, or call them directly, as access to inmate rosters varies widely.

8. Leverage Vehicle Information (When Available)

While obtaining personal information from a license plate is restricted to law enforcement, other vehicle details can be useful.

  • License Plates: Do not trust websites claiming to provide registration details. Law enforcement and investigators have access to “vehicle plate locator” systems that capture continuous license plate data.
  • Vehicle Identification Number (VIN): If you possess the VIN, a CARFAX report can reveal locations where the vehicle has been serviced and registered.

Remember, the best advice is to be creative and think outside the box in your search.

Infidelity Investigations – Is your spouse cheating on you?

There are many reasons people hire Private Investigators to help determine if their spouse is being unfaithful. For some people they want documented evidence of the activity because they are preparing to file for divorce/child custody with the courts. For others, they just want peace of mind. Maybe they have been married for many years and still love the person. Deep down they think if they confront their spouse with this evidence, they can still possibly still work through the issues and make the relationship work. However, most clients just want to know the truth so they can move on with their lives.

A typical call I receive from a client usually involves initially speaking with them about why they believe their spouse is being unfaithful. I usually hear things like “my spouse is very secretive with his or her cell phone” or “my spouse is acting different lately” or “my spouse is suddenly leaving for work earlier or coming home later than usual”. These can be “red flags” of a change of lifestyle with your spouse, but these reasons alone are not proof of infidelity. I have listed below certain activities to be aware of that may, and I emphasize may, indicate possible infidelity.

  • Sudden change of behavior/schedule – Leaving at unusual times or more frequently with no warning
  • Odor of cologne or perfume on your spouse
  • Sudden change of appearance or grooming standards 
  • A sudden interest in physical fitness
  • Disinterest in sex with you
  • A request for sexual activity out of the norm
  • Excessive activity on social media or texting – new female/male “friends”
  • Secretive with cell phone – wont share passwords
  • Unusual applications on cell phone – commonly downloaded to hide other information
  • Evidence of infidelity on cell phone/computer – text messages/emails/explicit photos etc.
  • Unusual phone numbers on cell phone statement
  • Overcompensating behavior/ compliments/ gifts to you – Distraction from unfaithful behavior
  • Evidence of online dating sites
  • Witnesses that have seen your spouse out with another person
  • Found birth control in your spouse’s control
  • Unusual charges on credit/ATM cards or unusual amounts of cash taken out of account
  • Spouse “cleans their tail”- This means after they are on their cell phone or computer, they immediately delete their history to erase their trail. 

These type of investigations usually require surveillance on the suspected spouse. It greatly assists the investigator if you have specific time frames when you believe the activity may be occurring. This not only helps the investigator to obtain good evidence, but can also significantly reduce the cost of the investigation. However, it is understood that this is not always possible. Prior to contacting an investigator, document any evidence you already have. In addition, be prepared to give the investigator all personal information about your spouse, including his or her physical description, friends, vehicles, place of employment, habits, and weekly schedule. With this information the investigator will be able to better narrow down a time frame that will increase the chances of obtaining the evidence you are seeking.

Locating lost relatives or loved ones

I wanted to share a personal story that some folks out there may be able to relate to. Were you raised by a single parent and never knew your birth mother or father? Did you ever suspect that you may have other brothers and sisters or other relatives out there that you are not aware of?

In today’s world, family dynamics are different for everyone, but the reward of finding a long lost relative or even a relative you never thought you had could change your life.

My story starts when I was about 30 years old. I was an only child and was raised by a single mother. I had never known my father, only the limited information that my mother had provided me. After my mother had given birth, she lost contact with him. As I grew older into adulthood, I began wondering what it would have been like to know my father. Using a friend that was an investigator, I was able to locate my dad operating a small business in California. I eventually met my dad at which time he mentioned he had a son and daughter a little younger than I was. After a short visit with my dad, we lost contact with each other. I believed he didn’t want his family knowing about me at the time, but at least I had closed that chapter in my life.

Fast forward 20 years as I was approaching retirement. One day I was just sitting on my couch and googled my father’s name, only to find his obituary. He had died just 6 months before I located this information. I looked closely at the obituary and it showed the names of my brother and sister which I had never obtained!  I was ecstatic and, of course, overwhelmingly curious. Using some of my investigative techniques I acquired through my 25-year law enforcement career, I was able to locate and make phone contact with them in two different states.

After about a year of trying to get together from three different states, my brother and sister and I finally met up with each other, and it was definitely one of the best days of my life. Let’s just say that I consider myself to be the luckiest guy in the world because my brother and sister are the most fun loving and down to earth people I have ever met. Since this time our relationship has grown deeper and our families have grown closer. Because I was able to open that door, I have had the opportunity to meet more of my family! This experience was a life-changing event for me as you can see.

The point of my personal story is to not only share with you the great joy I now have from locating my brother and sister, but also to emphasize not to wait until your 50 years old to start your search. My brother and sister and I always discuss how much lost time we had and how many great memories we could have shared if we would have discovered each other at a younger age.

Many of you have similar stories or have been unsuccessful at finding the person(s) you are looking for using the most common social media websites or the inexpensive “background searches” websites. I highly recommend that you do your due diligence and make an effort to locate the person you are looking for through conventional methods. Many people will reach a dead end or give up because of the time required to do a thorough and detailed search. This is where the experience and expertise of a good Private Investigator comes in. At Resolve Investigations we can assist you in your search, whether it be for a missing person or a long-lost parent, grandparent, sibling, child, or other relative.  

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Why are Criminal Defense investigators so important?

When you are arrested, the prosecution side of your case will typically have a large amount of resources they use to build their case against you. These resources include Police Officers, Detectives, Forensic Specialists, District Attorneys, the courts, and other expert witnesses.

Your representation will be a Private Attorney or Public Defender, who typically will be very qualified and attentive to your case. However, even the best Attorneys have a very heavy work load and very little time to dedicate to a more extensive investigation of your case. This is where an experienced Criminal Defense Investigator can assist your Attorney by thoroughly reviewing and scrutinizing your case.

Your case deserves to be fully investigated equally on the defense side. This is to ensure that proper legal procedures have been followed by law enforcement, any potential witnesses have been identified and interviewed, and any exculpatory evidence has been identified and brought forward. Once the prosecution has focused on you as the suspect in a case, there may be evidence or witnesses that are overlooked, but beneficial to your defense.

The burden of proof in your case is on the prosecution. Your attorney must defend your case by presenting evidence that creates a “reasonable doubt” that you committed the crime. Criminal Defense Investigators primary focus will be on identifying, locating, and documenting this evidence.

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