How to Skip Trace: A Guide for Lawyers

Of all the challenges inherent in discovery, case strategizing, and trial preparation, a missing witness or other key person may pose the most frustration. Most individuals can be located easily at their place of residence or work, but tracking down a person of interest can take time you don’t have and pose costly delays (whether they’ve “gone off grid” deliberately or not).

Learning how to skip trace—and when to hire expert partners—is a practice your firm needs to understand to quickly locate elusive individuals. 

What Is Skip Tracing in Legal Services?

The phrase “skip tracing” combines slang for an individual who has skipped town (the “skip”) and the process of tracking them down (“tracing”). It’s a common need for a number of industries and purposes, including:

• Debt collection
• Bail recovery
• Asset repossession
• Missing persons
• Insurance claims investigations
• Employment screening
• Private investigation into fraud, infidelity, etc.

Skip tracing in legal services may overlap with the purposes above, but it most frequently refers to locating an individual as part of process serving—when you need to officially deliver legal papers such as: 

• Subpoenas for witness testimony
• Summons and complaints initiating lawsuits
• Orders to show case for court appearances
• Eviction notices
• Writs of garnishment
• Bankruptcy petitions
• Divorce petitions
• Restraining and freezing orders

How to Skip Trace Effectively as a Legal Professional

Skip tracing is a progressively complex process, so if your target isn’t skillfully and deliberately hiding out, it can sometimes be completed with a few basic steps and sources.

Step 1: Collect and Verify Identifying Information

Document all identifying information you’ve been given. Useful details include: 

• Name, including maiden name, previous names, nicknames, and aliases
• Social security, driver’s license, or other official identification numbers
• Current and prior residence and mailing addresses
• Telephone numbers, email addresses, and social media handles
• Current and past employers and places of employment
• Any such information on known family members or close associates

Step 2: Use Public and Proprietary Databases

Once you’ve documented what you know, it’s time to start filling in the blanks. Start with public records such as:

• Birth, marriage, divorce, and other public records databases
• Public tax information, such as property tax and tax liens
• Courthouse records for bankruptcies, civil litigation, and criminal activity
• Driver’s license/vehicle registration departments
• Phone number databases
• Professional certifications and affiliations

You can also utilize private records when acquired ethically¹:

• Credit reports
• Credit card and loan applications
• Job applications
• Criminal background checks
• Utility bills
• Department store or other business loyalty cards
• Air travel records

Finally, you can engage proprietary skip trace databases. 

Step 3: Analyze Results and Locate Subjects

Once you’ve cross-referenced your results to identify the most accurate possibilities, you can often locate subjects’ current living or working locations. A skip trace report is typically handed off to a process server, who, in turn, takes on the active task of locating the skip in person to officially serve legal documents. 

Legal and Ethical Considerations in Skip Tracing

Skip tracing is an entirely legal practice, but it must be done with care.² There are multiple sets of concerns and regulations to consider, some of which vary by state or jurisdiction. It is vital to adhere to:

• Privacy laws
• Debt collection practices
• Harassment and stalking laws
• Consent requirements

As with any highly regulated area of practice, skip tracing can be risky without a thorough understanding of current compliance requirements.

When to Outsource Skip Tracing to a Trusted Partner

It’s wise to outsource skip tracing when it becomes either more efficient to do so or for the purpose of reducing risk to your firm. 

If you’re accustomed to handling basic skip tracing internally, it may be useful to free up your legal team and engage an expert partner after initial, simple steps are exhausted, or if process serving based on your initial skip trace report is unsuccessful. For leaner legal teams and firms that prefer keeping their staff focused on strategy over administrative tasks, outsourcing all skip tracing may be preferred. 

Skip trace outsourcing can also be part of a risk management approach, as keeping track of each set of applicable privacy laws can be daunting, particularly for jurisdiction-specific regulations. 

Experienced partners can offer:

• Batch skip tracing for multiple targets
• Compliance management experts to work within regulatory frameworks
• Private investigative expertise 
• Specialized software, databases, and process server technology
• Clear, templated skip trace reports that document evidence and sources

Final Thoughts on Skip Tracing for Law Firms

Locating individuals who either don’t want to be found or who are unintentionally challenging to pin down can create delays for lawyers and their clients. You can reduce lost time with efficient skip tracing procedures that comply with applicable mandates and professional process serving ethics. 

One of the strongest tools is having the right partner at hand, particularly for tracing hard-to-find individuals. That’s where U.S. Legal Support comes in. With nearly 30 years of experience supporting nationwide firms of all sizes and practice areas, we can trace your skips quickly. 

Learn more today about how we can help with your process serving and other litigation support needs.

Sources: 

1. BountyHunderEdu.org. Skip Tracing Jobs and Training. https://www.bountyhunteredu.org/what-is-skip-tracing/
2. Leaders in Law. What is Skip Tracing and How Does it Work? https://www.leaders-in-law.com/what-is-skip-tracing-and-how-does-it-work/

Julie Feller

Julie Feller is the Vice President of Marketing at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Juie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.