How to Skip Trace: A Guide for Lawyers

Updated Oct 27, 2026

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 whose whereabouts are unknown 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 can help legal professionals save time and resources when they need to locate elusive individuals and keep legal proceedings on schedule.

Key Takeaways

• Skip tracing helps legal teams find hard-to-locate people so process serving stays on schedule
• Start by verifying identifying information, then cross-reference public records and databases
• Deceptive tactics such as pretexting can raise legal and ethics concerns
• Depending on the jurisdiction and method requested, courts may require documented search or service efforts before approving alternative service

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 locating them (“tracing”). Skip tracing techniques are used across 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 data sources.

Step 1: Collect and Verify Identifying Information

Document all identifying information you’ve been given, then verify information against multiple sources. 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
• Phone numbers, email addresses, and handles on social media platforms
• 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. 

Additional Search Methods to Consider

When database and public records results are incomplete or out of date, other methods may help confirm a subject’s whereabouts.

Contacting Known Associates

Family members, former roommates, neighbors, landlords, and past employers may be able to confirm a current address or workplace. These conversations should be handled carefully: be truthful about who you are and why you are asking, and respect any request not to be contacted again. Attorneys should also consider applicable professional-conduct rules when contacting a person known to be represented by counsel in the matter.

On-the-Ground Verification

Records can only suggest where someone is. A physical visit can help confirm it by checking for a name on a mailbox or a neighbor who recognizes a photo. Process servers often document these observations with dates, times, and details, which can support later filings if service proves difficult.

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. To stay within legal and ethical boundaries, 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.

Documenting Due Diligence for Alternative Service

When personal service is not possible, courts may permit alternative methods, such as substituted service or service by publication. Depending on the jurisdiction and method requested, courts may require a documented record of the efforts made before they grant that permission.

Standards vary by state. For example:

• California: Service by publication is permitted only when the court is satisfied that the party “cannot with reasonable diligence be served in another manner” (Cal. Code Civ. Proc. § 415.50). California courts have described reasonable diligence as a number of honest attempts to learn the defendant’s whereabouts through inquiry and investigation.⁷
• New York: Under CPLR 308(5), a court may direct an alternative manner of service when the standard methods are “impracticable.” Courts have described this as a less demanding standard than the due diligence required for “nail and mail” service, but it still calls for a documented showing of the efforts made.⁸
• Texas: A motion for substituted service under Rule 106(b) must be supported by a sworn statement describing prior unsuccessful attempts. Rule 109 addresses citation by publication when a defendant’s residence is unknown despite diligent inquiry.⁹

Documentation supporting a request for alternative service may include:

• Each service attempt, with the date, time, address, and outcome
• Databases and public records searched, and the results
• Checks of last known addresses and mail forwarding
• Inquiries made to relatives, neighbors, landlords, or employers
• Social media searches performed

Requirements for these affidavits differ by jurisdiction and by court, so the applicable rules should be reviewed before filing.

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 and effective 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.

Frequently Asked Questions

How long does skip tracing take?

It depends on how much identifying information is available and whether the subject is actively avoiding contact. Some searches resolve with a few database and records checks, while others require field verification and repeated attempts.

Can a person be served through social media?

Courts in New York and Texas have permitted service through social media in certain circumstances when traditional methods were unsuccessful and there was sufficient evidence connecting the account to the person being served. ^5,6 

What happens if a defendant is never located?

A party may ask the court for permission to use an alternative method, such as service by publication, supported by documentation of the diligent search efforts made. Whether that request is granted depends on the court and the jurisdiction’s standards.

Can a default judgment be challenged for improper service?

Yes. A judgment entered without valid service may be void for lack of personal jurisdiction and can be vacated under rules such as Federal Rule of Civil Procedure 60(b)(4).³

Is pretexting allowed in skip tracing?

Using false statements or false documents to obtain someone’s financial information from a financial institution is prohibited under the Gramm-Leach-Bliley Act.¹⁰ Deceptive tactics in social media research may also raise professional-responsibility concerns for attorneys, including when investigators act on their behalf.⁴

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/
3. Federal Rules of Civil Procedure. Rule 60. Relief from a Judgment or Order. https://www.law.cornell.edu/rules/frcp/rule_60
4. New York City Bar Association. Formal Opinion 2010-02: Obtaining Evidence From Social Networking Websites. https://www.nycbar.org/reports/formal-opinion-2010-02-obtaining-evidence-from-social-networking-websites/
5. New York State Unified Court System. Baidoo v. Blood-Dzraku, 2015 NY Slip Op 25096. https://www.nycourts.gov/Reporter/3dseries/2015/2015_25096.htm 
6. Supreme Court of Texas. Texas Rules of Civil Procedure, Rule 106: Method of Service. https://www.stcl.edu/lib/TexasRulesProject/TRCP%2099-124/rule1062020.html 
7. California Legislative Information. California Code of Civil Procedure § 415.50. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=415.50
8. New York State Unified Court System. Marajh v. O21 Corp., 2025 NY Slip Op 51552(U). https://www.nycourts.gov/REPORTER/3dseries/2025/2025_51552.htm 
9. Supreme Court of Texas. Texas Rules of Civil Procedure, Rules 106 and 109. https://www.txcourts.gov/rules-forms/rules-standards/
10. Cornell Law School Legal Information Institute. 15 U.S.C. § 6821: Privacy Protection for Customer Information of Financial Institutions. https://www.law.cornell.edu/uscode/text/15/6821

Julie Shepherd

Julie Shepherd is the Senior Vice President of Marketing & Sales Operations at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Julie 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.