The Trouble with Sheriffs

Getting effective service is one of the first steps on your road to recovering the damages owed to your client. If you cannot effect service, litis contestation does not occur, taking away your leverage for settlements, and preventing you from getting the orders you need to effect execution / compel specific performance / deliver an injunction.

Why would the sheriff be unable to effect service on the defendant in your case? There are multiple reasons, but the simplest explanation is that the information provided to the sheriff is incomplete, outdated, or simply wrong.

Assuming that the defendant’s information has not changed is fair, but foolish. Unless the defendant is especially integrated in a community, they have a lot of incentive to move / change phone numbers / get a new job. If they owe one person money, there might be more. They might have trouble keeping a fixed job, or be reliant on family / friends for accommodation. All of this combines to complexify the job of the sheriff, and thus prevent effective service.

This is compounded by the second reason, which is evasion by the defendant. This is where the defendant / debtor is actively trying to not be served. Whether by not answering the door, getting   other occupants of the house to pretend they don’t know him, or even by trying to deceive the sheriff directly (with a false identity, or by merely being dishonest). They will also change their details, and purposefully not update any official information, in order to make them harder to find.

When the details of a debtor/defendant have changed, you need to find out the new details. If you need assistance with this, contact us to discuss having your Tracing needs met.