How to Prove You Were Not Served Properly
If you are a party in a civil court matter, or being called as a witness in a civil or criminal case, then a process server must formally deliver the relevant court paperwork to you. These documents can be a summons, complaint, writ, order, subpoena, etc. But what happens if a petitioner or process server claims they properly served you with these documents, but they really didn’t? In this post, we’ll explore the remedies you have available to you in this situation.
Consult with an Attorney
The first advice we can give you in this situation is to consult with a local attorney who has experience handling similar cases. Claiming that you were improperly served, or not served at all, requires legal expertise to navigate the required paperwork and process, so an attorney is your best bet.
Ask for Proof of Service
All process servers in Florida are required to complete a proof of service form any time they serve someone with court process. This proof of service should be filed with the court where the case is filed, plus the process server and the petitioner should also have copies. Request a copy of this form from the court. If they do not have it on file, contact the process server that supposedly served you and ask them to send you a copy. If neither the court nor a process server can produce a valid proof of service form, you have grounds to claim insufficient service of process. Also, if the information on the proof of service form is incorrect, incomplete, or fabricated, you can also attempt to prove improper service.
Gather Evidence
Once you’ve confirmed that the proof of service does not exist, or that the information it contains is false, it’s time to start gathering evidence. For example, if the proof of service form claims you were served at a certain location, but you know you were not at that location at the date and time indicated, video footage from the location where you actually were would be helpful. This could prove that the location where the process served claim to have served you was incorrect, possibly invalidating the service. Another example could be if a process server served you past the deadline for service (usually 120 days in Florida from the date the case was filed), but claimed on the proof of service that you were served within the timeframe. Again, video footage would be very helpful in this scenario. If a petitioner claims you were served by a certain process server, but that server has no knowledge or record of the service, you could also try to get a signed affidavit from the server confirming that they did not serve you in that case. Each case is different, so the evidence you’ll need will also differ. Consult with an attorney with any questions about what types of evidence are permitted in court.
Present Your Defense in Court
Now that you’ve gathered your evidence, it’s time to present your case to a judge. An attorney will help you get the hearing date and time set up, or you can consult with the clerk of court on how to handle this. Bring all the information and evidence you’ve found to the court date and explain everything to the judge, who will decide if you were properly served or not. Even in cases where a defendant was not served properly, or not served at all, the judge will probably just delay the case to give time for you to be properly served. However, in some rare cases, a judge may dismiss the entire case against you for improper service.
Proper Service is Our #1 Priority at Accurate Serve of Tampa Bay
When we receive process to serve here at Accurate Serve of Tampa Bay, with locations in Tampa, Lakeland, St. Petersburg, and New Port Richey, we always handle it quickly and efficiently. We pride ourselves on honest and ethical service of process, so you’ll never have to worry about one of our process servers making false claims about service. If you need process service, document retrieval, skip tracing, or diligent search services in the Tampa Bay area, give us a call at 863-873-6691 or send us a work request online.