If you intend to sue someone, you must notify them of your intentions. This sounds simple enough, but businesses are prone to mistakes that could jeopardize the case. Below, learn about common process server mistakes and how to avoid them.
A process server is someone who hands legal documents to a defendant named in court proceedings. Process servers are necessary because you cannot sue someone without notifying them first, which would be rather unfair if allowed.
It’s not the job of process servers to ensure that the defendant retains legal counsel or even that they follow the service of process. Their duty is to get a notice of legal action in the defendant’s hand and nothing more.
Process serving sounds easy, but there are several mistakes that court document servers should avoid making. Any of these could hurt your business’s case.
This is one of the most common mistakes that legal courier services make. For instance, process servers may hand documents to someone with a name similar to the defendant’s. If they give documents to “Joe Smith Sr.” instead of “Joe Smith Jr.,” the defendant can contest the lawsuit, and the court may dismiss it entirely.
Process servers must notify the defendant that they plan to serve them legal documents. They cannot just show up unannounced. If the process server doesn’t provide notification, the defendant may not be available to receive the documents.
Naturally, many people would prefer not to receive notice of a lawsuit at work or home. This makes sense, as handing them a lawsuit notice in front of their family or coworkers can be extremely embarrassing.
Process servers sometimes have no choice but to serve a defendant at an undesirable location. However, if the defendant has designated an alternate place where they would prefer to be served, the process server should attempt to deliver the documents there.
For instance, the defendant may have signed a document consenting to receive legal notices through the mail or at their attorney’s office.
If legal documents include incorrect information, the defendant may attempt to have the case dismissed. Common mistakes on legal documents include:
When you wish to sue someone, you must deliver the notice by a set date. If you fail to do so, the court can dismiss the case.
You must also follow the statute of limitations in your state. This deadline varies by state and case. In many states, you have just two years from the date of an incident to file a lawsuit. You're out of luck if you try to serve someone after the deadline.
After serving a defendant, the process server must obtain a notarized Affidavit of Service. This document indicates that the process server identified the correct person and served them documents in a timely manner. Process servers must have the Affidavit of Service notarized to make it valid.
Choosing the right process server is crucial if your business plans to file a lawsuit. At Professional Process Servers & Investigators, Inc., service of process is the bulk of our business. We have reliably served writs of garnishment, summonses, and subpoenas for over 25 years.
To learn more about our legal support services, request a quote or call (844) 530-0255.
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