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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Plaintiff filed lawsuit just days prior to statute of

Customer Question

Plaintiff filed lawsuit just days prior to statute of limitations. Now unable to serve b/c no longer lives at Apartment. Don't know whereabouts. What can be done to affect service?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You are going to have to engage a local private investigator to locate him. The filing the suit stopped the statute of limitations, but now you have to get him served or the suit will be dismissed and if you cannot locate him and do not know any family or friends of his to try to find him on your own, you would need a local private investigator to try to locate him to get him served. If you cannot find him through a private investigator, you would have to then file a motion for leave to serve by publication, which is where you publish notice in the newspaper of major circulation in the last known area where he resided. If he does not respond to the suit then, you would be able to get a default judgment, but still if you cannot locate him all you have is a judgment on paper that you cannot collect and you would need to keep renewing the judgment until you eventually locate him to try to then execute the judgment against him.

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