Can't Locate Defendant to Serve Summons

[dkedwards]

What is the name of your state?What is the name of your state? Tennessee

I was rearended in an automobile accident and was unable to come to settlement with their insurance company. I have filed suit in small claims court. On the suit I filed against the company (gentleman & wife) and the driver "their employee". Everyone has been served summons except the driver. He cannot be located. We went to court last week and the judge has postponed it "indefinately". What are my options here? They are being represented by a lawyer furnished by the insurance company. I'm representing myself. I have tried to locate this driver and I'm running out of ideas on how to find him.

Could I dismiss him from the suit and just file against the company since it was their insured vehicle? If so, I'm sure they would want the driver for a witness. What is a reasonable amount of time that a judge would allow for them to supoena a witness?

I'm tired of it already and just want to get it behind me.

 

[Dandy Don]

Talk to a local private investigator who has experience in skip-tracing. He could probably find the person for about $100-$200. However, if the person is deliberately avoiding detection by not working and hiding out in another city, it's going to be next to impossible to find him. Hopefully you will also be able to find the spouse if you can't find him. Ask your attorney if the case can continue without this defendant--your main object is to get a judgment against him which you can collect in the future whenever you do find him.

DANDY DON IN OKLAHOMA ([email protected])

 

[bearflag70]

In California, once you have exhausted your search, you can file a motion to allow service of the defendant by publication of a notice in the newspaper. You might check to see if your state has something similar.

 

[savemart55]

I had a guy rear end me and most of the data that he gave the police was a lie. I got a copy of the police report, and tracked him down through other people in the same city with the same last name. Luckily for me, it was a small Texas town, and even though he lied about his insurance company's name, I found out
the name and eventually Farmers paid $7200 to my insurance company. He was 19 and already had 6 speeding tickets and two at fault injury accidents. No wonder he was lying. Some of his old neighbours might tell you where he went, or who his employer is. There is usually something on the police report that can steer you in the right direction. I used to be a skip tracer in my wild youth, so I had an advantage. I still remember the dentist in a remote part of Australia who dropped the phone when I called him up from Canada about his delinquent $20,000 student loan.