I would like to sue an ex-tenant for back rent. I don't have his current
address but has his full name and cell phone number. I also have his
mother's name and phone number. How can I 'serve' him since I don't
know where he works or lives. I suspect he still lives in Virginia.
How do I get this information
from the telephone company? What forms etc do I need to fill out to
subpoena the phone records?

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Clarification of Question by newlandlord-ga on 09 Feb 2006 09:40 PST

This (ex)tenant specifically told me that I would have to take him to
court. He also lectured me that since I don't have his address, I
wouldn't be able to summons him and I basically would have to suck up
the costs of him living free. If I do get a default judgement, can't a
lien be put on his Virginia tax returns?

I just found out about his last two employers but don't know the current one.

The easier answer is to go to the court and tell them you want to get
service by "posting" or "publication."

In this case, you get the court's permission (they should have a
motion form - fill it out and explain how you have tried to find him
and that it has not been successful) and then you place an add in the
local paper for so many times, show the court proof of the times that
it has run, and BOOM!  He is served.

I don't know about Virginia, but in California you must show the court
a "reasonable" attempt to locate someone before you can serve by
publication.  Plus you have to publish it once a week for four
consecutive weeks.  It usually costs about $200 and up depending on
the paper, plus court fees.  If you do publish the summons, the
defendant usually doesn't respond, so you can get a default judgment
entered.  That does you little good if you don't know where he is to
collect from.  You're better off trying to get him into court.  Also
(in CA again) you cannot subpoena phone records without consent of the
individual due to privacy issues.

Does the post office have a forwarding order on him?  You might try
calling his mother and asking her where he lives.  It's worth a shot.

Look at the person's original application to rent [from you]. Normally
there are relatives and freinds listed as "references."  Call them,
that's why the references are aquired.