Due diligence and process serving are more connected than they seem. When someone avoids being served, or their location is unknown, due diligence ensures that every effort has been made to find and serve them legally.
This is especially important in states like California, where strict requirements must be met before alternative service methods are allowed.
Here, we’ll break down how due diligence supports process serving, why it matters, and what legal professionals need to know to stay compliant.
What Is Due Diligence Service?
A due diligence service consists of thorough investigations to confirm identities, locate individuals, assess financial records, and verify legal standing. These services help attorneys, businesses, and financial institutions avoid errors, fraud, or legal disputes.
Legal professionals use due diligence to verify case-related facts, locate witnesses or defendants, and confirm procedural fairness. Businesses depend on it for mergers and acquisitions, contract evaluations, and fraud detection.
In real estate, due diligence supports property ownership verification, liability assessments, and title transfers.
Who Provides Due Diligence Services?
Due diligence service providers specialize in research, verification, and investigation. These professionals may include private investigators, legal support firms, and specialized research analysts who gather information from public records, proprietary databases, and direct inquiries.
In legal proceedings, due diligence investigation service providers assist in locating individuals who may be difficult to find, confirming their identities, and documenting the necessary steps taken before alternative legal actions are pursued.
Why Does Due Diligence Matter?
Without proper due diligence, legal professionals and businesses risk basing decisions on incomplete or incorrect information.
In legal cases, failing to conduct due diligence before serving documents can result in challenges in court, delays in proceedings, or even case dismissals. In business, inadequate due diligence can lead to financial losses, contractual disputes, or reputational harm.
A well-executed due diligence service helps verify facts, locate individuals, and meet legal requirements. It strengthens legal cases, prevents fraudulent transactions, and provides the necessary documentation to show compliance with court-mandated standards.
Due Diligence in Process Serving
Process serving is straightforward when the recipient is easily located and cooperative. However, in many cases, individuals actively avoid service or have outdated contact details, making personal delivery difficult.
This is where due diligence steps in, confirming that all reasonable efforts have been made to find and serve an individual before alternative methods, such as substituted service or service by publication, can be used.
How Due Diligence Strengthens Process Serving
When a process server has difficulty delivering legal documents, thorough research and investigative methods become necessary. These methods include:
- Address and Contact Verification: Reviewing public records, utility bills, credit reports, DMV records, and other databases to confirm an individual’s last known address.
- Employment and Business Inquiries: Checking with employers or business associates to determine if the person is still actively working or reachable through their workplace.
- Surveillance and Field Visits: Visiting multiple addresses linked to the individual to determine occupancy or confirm whether they are avoiding service.
Social Media and Digital Footprints: Examining online activity for location clues, including social media check-ins, employment updates, and other public digital traces.
Applying these research techniques allows process servers to exhaust all reasonable options before a court grants permission for alternative service.
Legal Requirements and Compliance in Process Serving
For process servers, following due diligence protocols is a legal obligation in many jurisdictions, particularly in California. Courts require documentation of all attempts to serve an individual before allowing other methods.
A well-conducted due diligence investigation supports the process serving by:
- Providing a Record of Effort: Courts expect proof that the server has made genuine, thorough attempts to locate and serve the individual. Relying on outdated information or skipping steps can result in rejected service attempts.
- Confirming Legal Validity: Without proper due diligence, a defendant may later claim they were never served, which can lead to delays or even case dismissals. A structured approach helps avoid these complications.
Legal Requirements for Due Diligence in Process Serving
Due diligence in process serving is a legal necessity. Courts require proof that every reasonable effort has been made to locate and serve an individual before alternative methods, such as substituted service or service by publication, are used.
This is especially relevant in California, where strict rules dictate how process servers must document their efforts.
Due Diligence and Process Serving: Legal Obligations
Legal due diligence in process serving refers to the steps taken to confirm a recipient’s location and establish that they cannot be personally served before turning to other methods.
Courts require evidence that the process server has attempted personal delivery multiple times and exhausted all reasonable options.
California courts, for example, expect process servers to:
- Make Multiple Attempts: Process servers must attempt delivery on different days and at different times before concluding that the person cannot be served.
- Use Various Research Methods: In addition to visiting the recipient’s last known address, efforts may include speaking with neighbors, checking official records, and verifying employment details.
- Provide Detailed Documentation: Every attempt must be recorded, including dates, times, addresses, and any interactions that provide insight into the recipient’s whereabouts.
If these efforts fall short of legal standards, the court may reject the service attempt, leading to case delays and complications.
California’s Due Diligence Standards for Alternative Service
Under California law, process servers must complete due diligence before seeking permission for alternative methods. These include:
- Substituted Service (CCP § 415.20): Allowed only after multiple failed attempts at personal delivery. The documents can be left with a responsible adult at the recipient’s residence or workplace and followed by a mailed copy.
- Service by Publication (CCP § 415.50): If the recipient cannot be located despite thorough research, the court may allow service through newspaper publication. This requires strong proof that the individual is unreachable by other means.
Documenting Due Diligence: What Courts Require
For due diligence to be legally valid, documentation is essential. A Declaration of Due Diligence must include:
- A list of addresses where service was attempted.
- The number of attempts made and at what times.
- Statements from neighbors, employers, or others contacted during the investigation.
- Details of any databases or records reviewed to verify the individual’s whereabouts.
A properly documented declaration provides courts with the necessary proof that every reasonable effort has been made to serve the individual in compliance with state law.
The Consequences of Inadequate Due Diligence
Failing to meet due diligence requirements can result in legal setbacks, including:
- Service Challenges: The recipient may argue they were never properly served, leading to case delays or dismissals.
- Court-Ordered Re-Service: If the court finds the due diligence efforts lacking, the plaintiff may need to restart the service process, adding time and costs.
- Potential Sanctions: In some cases, courts may impose penalties for service attempts that do not follow legal due diligence requirements.
Best Practices for Due Diligence in Process Serving
Conducting due diligence in process serving requires a thorough and legally sound method to verify that every reasonable effort has been made before alternative service methods are pursued.
Courts expect clear documentation of service attempts, making it essential for process servers, attorneys, and legal professionals to follow established methods to avoid delays or legal disputes.
1. Establish a Systematic Process for Process Serving
Having a structured method prevents oversights and guarantees that all necessary actions are taken. Process servers should:
- Confirm the recipient’s address before the first attempt.
- Attempt service multiple times at different hours and on different days.
- Maintain detailed records, including photos, timestamps, and interactions with neighbors or property managers.
Following a structured plan strengthens the validity of service attempts.
2. Verify Information Using Multiple Sources
A single database search may not provide the most accurate or up-to-date details. A thorough review should include:
- Public records such as DMV files, property deeds, and court filings.
- Commercial databases that track address and contact histories.
- Utility and billing records to confirm residency.
- Employment details to determine whether service at a workplace is an option.
Cross-referencing different sources minimizes the risk of relying on outdated or incorrect information.
3. Conduct Field Visits and Observations When Necessary
When an individual actively avoids service, additional effort may be required to verify their presence. Process servers should:
- Visit the location at various times to assess activity.
- Speak with neighbors, landlords, or building management (while following privacy laws).
- Look for indicators of current residence, such as mail, vehicles, or packages addressed to the individual.
Observations should always be conducted ethically and within legal boundaries.
4. Maintain Detailed Documentation for Every Service Attempt
Comprehensive documentation strengthens the validity of due diligence efforts in court. Each attempt should include:
- The date, time, and location of service attempts.
- Descriptions of any individuals encountered.
- Notes on household activity, such as whether lights were on or if mail was collected.
- Photographs of the property, when permitted by law.
Many process servers use digital tools like mobile apps and GPS tracking to create verifiable records.
5. Utilize Online and Social Media Research
People leave digital traces that can provide valuable insights into their whereabouts. Due diligence may involve:
- Reviewing social media activity for location updates or job changes.
- Checking business profiles (such as LinkedIn) for employment details.
- Searching court records for any filings that may indicate a recent address update.
Any online research must be conducted in compliance with legal and ethical guidelines.
6. Know When to Pursue Alternative Service Methods
If personal service is not possible after reasonable attempts, process servers must follow the legal steps required before requesting substituted service or publication.
- Substituted Service: Courts require proof that personal delivery was attempted multiple times before allowing service to be left with a responsible adult at the recipient’s residence or workplace, followed by a mailed copy.
- Service by Publication: If the recipient cannot be located despite exhaustive research, courts may approve publication in a newspaper as a last resort. Supporting evidence is required before this method is granted.
Understanding the specific criteria for alternative services helps avoid unnecessary delays.
7. Follow State-Specific Due Diligence Guidelines
Each state has distinct legal requirements for due diligence in process serving.
- In California, for example, process servers must attempt personal service multiple times and file a Declaration of Due Diligence before requesting alternative methods.
- Courts in some states require an affidavit detailing all investigative steps taken before approving substituted service.
Failure to meet legal requirements can result in rejected service attempts, forcing legal professionals to restart the process.
8. Work with Experienced Due Diligence Investigators
For more complex cases, legal professionals may rely on specialists who conduct in-depth investigations. These experts can provide:
- Advanced skip tracing techniques for locating hard-to-find individuals.
- Licensed investigators with access to proprietary research tools.
- Legal guidance to confirm compliance with court expectations.
Collaborating with professionals who specialize in due diligence reduces the risk of procedural errors and strengthens the legitimacy of service efforts.
Reliable Due Diligence and Process Serving You Can Count On
Legal professionals need a process serving partner who understands the importance of accuracy, compliance, and efficiency. Delays caused by incomplete or improperly documented service can slow down cases and create unnecessary complications.
With decades of experience, D&R Legal Process Service, LLC provides reliable due diligence investigations and process serving throughout California and beyond. Their team stays up to date with legal requirements, ensuring that every service attempt is conducted professionally and documented thoroughly.
When accuracy and timeliness matter, work with a team that has been trusted since 1985. Get started with D&R Legal Process Service today.
