Without knowing the laws in the state you are in, and even if I did know them, I would highly suggest speaking to a local attorney in your area that does this type of work. You want to make sure that everything you do is correct and by the book. Especially since you are definately not getting cooperation with this individual, there is no telling what means they may resort to. By seeking legal advise thru a lawyer, you will know you are on sure footing and avoid any potential lawsuits. That is really, really important.