Q: What happens If the defendant is nowhere to be found?
My lawyer informed me that the reason my lawsuit has been dragged out for so long is due to an awol defendant. It was a car accident that was his fault and caused me to have cervical fusion surgery . It has been 6 yrs and the defendant has not complied with anything and has completely vanished.
A: That isn't a great answer. These days there are investigators that can find most people. If he can't be served, he can ask the Court for an order permitting service by publication or some other means. If he was served and he disappeared, you can just move for summary judgment based upon your own affidavit.
A: That the defendant has gone missing should not, standing alone, delay your case for years on end. If the defendant driver has not complied with court orders directing him to appear for deposition or with other discovery, your attorney can file a motion to either have his answer stricken or to preclude him from testifying at the time of trial. Moreover, if the underlying incident was clearly caused by the defendant's negligence (such as a hit in the rear, etc.) then your lawyer could file a motion for summary judgment and have the issue of liability resolved in your favor. All he or she would need is your affidavit.
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