What to Do When a Debtor Moves Without Notice
When a debtor moved cannot find situation stops service or collection work, start by reviewing the information already in your file. Check the last known address, previous service attempts, and known contacts. Then consider lawful locating methods, including skip tracing, to identify updated information before taking the next step.
What you need before you start
Before dealing with a debtor moved cannot find situation, gather everything you already know.
- Start with the person’s full legal name. Add the last known address, telephone number, email address, employment details, business connections, and previous service information.
- You should also review the original documents.
- Check the name used in the proceeding and any address recorded in the file. This can help prevent a search from being based on incomplete or outdated information.
- The last known employer may also be useful.
- Employment information does not prove where someone currently lives. However, it may provide another lead when the person has moved without notice.
- Also record what happened during the last service attempt.
A failed attempt may show that the address is no longer current. It may also reveal information about a forwarding address or another possible location.
The steps in order
1. Review the last known address
Start with the address already in your records.
Check when it was provided and whether anything happened after it was recorded. An old address can still be useful, but you should not automatically treat it as current.
Ask whether the file contains any newer information.
Look for returned mail, previous correspondence, failed service attempts, or other details that suggest the person has moved.
2. Check your existing records
Review the information already available to you before starting a new search.
Look at previous addresses, telephone numbers, email information, employment details, business connections, and earlier contact records.
This can help you identify additional search terms.
If the person has a common name, extra identifiers are especially useful. They can reduce the chance of confusing the judgment debtor with someone else.
3. Review failed service information
A failed service attempt can contain useful information.
For example, someone at the property may indicate that the person no longer lives there. Mail or other records may also suggest that the address is outdated.
Record exactly what was observed or reported.
Do not turn an unverified statement into a confirmed address.
4. Consider lawful locating methods
If basic records do not provide a current location, skip tracing may help.
Skip tracing involves reviewing available information and comparing possible records to identify a person or address.
The search should have a clear purpose.
Privacy rules can affect how personal information is collected and used. Review the Office of the Privacy Commissioner of Canada’s guidance on fair information principles before using personal information for locating work.
5. Compare possible addresses
A new address should not automatically be treated as confirmed.
Compare it with the information already in the file.
Look for supporting details that connect the address to the correct person. This may include another identifier, a business connection, or consistent information from separate sources.
A search result is a possible lead until the available information supports it.
6. Verify the information when needed
Some matters may require further verification.
Depending on the assignment, this could include additional record checks or field confirmation.
A field check may provide useful operational information about a property. However, activity at an address does not automatically prove legal residence.
[VERIFY] Confirm the current rules and service requirements that apply to your specific document and proceeding before acting on a new address.
7. Plan the next enforcement step
Once you have reliable information, review what needs to happen next.
You may need to arrange service. You may need to update an internal file. You may also need further enforcement work.
The correct next step depends on the matter and applicable requirements.
If legal questions arise, consult a licensed Ontario lawyer or paralegal.
How to prove it was done properly
When a debtor moved cannot find issue affects your file, document the search carefully.
- Keep the original address. Record the date and result of previous service attempts. Note the sources reviewed and any new address identified.
- If professional locating work is completed, keep the locate report with the file.
- A useful report should distinguish confirmed information from possible matches.
- This helps another person understand how the new information was identified.
- It also creates a clear record of the work completed before another service attempt.
[CONFIRM] From real operating experience, one common problem is repeating service at an old address without reviewing what happened during the previous attempt. Failed attempts can contain useful clues about where the person may have moved.
Mistakes that cause problems
Reusing an old address
An old address is not automatically a current address.
Treat it as a starting point unless newer information supports it.
Searching by name alone
A name can match several people.
Use additional identifiers whenever possible.
Ignoring the last service attempt
The previous attempt may contain valuable information.
Review what was observed before starting another search.
Assuming a forwarding address is confirmed
A forwarding address can provide a useful lead.
It does not automatically prove that the debtor now lives there.
Using unverified information
Do not treat every search result as confirmed.
Compare relevant information before relying on a possible address.
Forgetting the last known employer
Employment information can sometimes provide another lead.
However, an employer connection should not be treated as proof of a current residence.
Allowing enforcement to stall
When a debtor disappeared, repeatedly waiting for new information may leave the file inactive.
Review the information already available and determine whether a new locate search is appropriate.
Collecting unnecessary personal information
A search should have a defined purpose.
Use information that is relevant to the assignment and handle personal information appropriately.
When to use a professional
If you need to locate a debtor who moved, professional support can be useful when basic records no longer provide a reliable address.
This can be especially relevant when:
- The last known address is outdated.
- Previous service attempts failed.
- The debtor has a common name.
- Your records contain conflicting information.
- You need updated information before serving documents.
- Enforcement has stalled because the person cannot be located.
Select Serve and File Process Server Inc. has served Ontario since 2005. The company provides process serving, court filing, document retrieval, and related locating support.
Need documents served in Ontario? Request a quote or call (647) 568-5700.
This article provides general information about process serving and court procedure in Ontario. It is not legal advice and does not create a solicitor client relationship. Court rules and procedures change. Confirm current requirements with the relevant court or consult a licensed Ontario lawyer or paralegal before acting.
Deadlines and service requirements vary by document type, court and proceeding. Missing a deadline can result in your matter being delayed or dismissed. Verify all timelines against the applicable rules and the practice direction of the court or tribunal where your matter is filed.
