A Diligent Search is performed by a private investigator or private process server. It is a more comprehensive report which includes a Skip Trace in addition to further information.
Who Might Need to Commission a Diligent Search?
A Diligent Search is usually undergone by someone who must physically locate another person in order to continue with legal proceedings. This applies generally to defendants and witnesses. In order to process many cases, the step of completing a Diligent Search, whether successful or not, must be completed. If a bank must foreclose on an individual’s property, but cannot locate the individual, a Diligent Search will be undergone. If an absent parent cannot be located, the primary caretaker can commission a Diligent Search in order to bring the absent parent to court and terminate parental rights.
If the Diligent Search Fails?
If the Diligent Search fails, a Constructive Service of Process must be filed by an attorney, which can only be done once an Affidavit of Diligent Search has been submitted to the attorney by a private investigator or private process server.
Affidavit of Diligent Search – This document will always be created after a Diligent Search.
Constructive Service of Process – The defendant’s attorney posts, in a local legal publication, that the defendant has been hereby served as per Chapter 49, Florida Statutes.
If you believe you may require investigative work regarding an individual, consult with your attorney or a private investigator or private process server to find out the best procedure given your situation and state.