What Is Skip Tracing? A Plain-Language Explainer for Civil Litigation
Skip tracing is the process of locating a person whose whereabouts are unknown. This article explains how it works in civil litigation and what the legal framework looks like.
The term "skip tracing" originated in the debt-collection industry — a debtor who "skips" town without paying their obligations leaves behind a trail of records that investigators use to locate them. In civil litigation, the same techniques apply to defendants who must be served with process in an active lawsuit. Understanding what skip tracing is, how it is used, and what legal guardrails apply is useful for anyone involved in a civil matter where a defendant's location is unknown.
What Skip Tracing Actually Is
Skip tracing is the practice of locating a person by aggregating and analyzing publicly available and legally accessible records. Sources that investigators commonly use include:
- Motor vehicle records (accessed through state DMV databases)
- Voter registration records
- Property ownership and tax records
- Court records from prior civil or criminal proceedings
- Business registration filings
- Publicly visible social media activity
- Utility connection records, where accessible
The investigator aggregates these data points to identify current addresses, employment locations, or contact information for the subject.
The Federal Framework: DPPA
The Driver's Privacy Protection Act, 18 U.S.C. § 2721, restricts access to and use of personal information from state motor vehicle records. The statute creates specific permitted purposes for accessing this data. For civil litigation purposes, § 2721(b)(4) permits use "in connection with any civil, criminal, administrative, or arbitral proceeding" — which covers process serving and related investigation tied to a specific active case. DPPA access outside a permitted purpose exposes the accessing party to both civil and federal criminal liability.
Who Performs Skip Tracing in Civil Cases
In the context of civil litigation, skip tracing is typically performed by:
- Private investigators retained by an attorney
- Specialized investigation firms that serve law firm clients
- In-house investigators employed by larger law firms
State licensing frameworks govern who may engage in investigative work for hire. Utah, like most states, requires a license for private investigative services. Attorneys and parties relying on location work in active litigation should ensure that whoever is performing investigative services holds the appropriate credentials in the state where the work is performed.
The Difference Between Skip Tracing and Standard Address Verification
Not all location work in civil litigation rises to the level of skip tracing. A process server who verifies that a known address remains current — by checking county records or DMV data under a DPPA-permitted purpose — is performing a different and more limited function than a PI who conducts a multi-source investigation to identify an unknown location. The line between these activities is not always obvious, and the legal implications of crossing it are significant.
How Skip Tracing Fits Into the Service-of-Process Workflow
When an attorney cannot locate a defendant at the address on file, the typical workflow is: retain a licensed investigator to perform skip tracing, obtain a current location, then engage a process server to attempt service at that location. The investigator and the process server may be different people or firms. This division of roles keeps each function within its proper legal boundary.
If investigation produces a current address and service is still unsuccessful after diligent attempts, the attorney can use the documented attempt record to support a motion for alternative service through the court.
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Category: Legal Guidance · Published: 2027-03-22 · 5 min read · By Christopher Zamora, Rocky Mountain Protective Group