Process servers serve legal papers to defendants in a court case. Therefore, they should be dependable, organized, and have thorough knowledge about legal matters.
However, process servers aren’t always perfect. They can make mistakes that can result in the dismissal of the court case or even a mistrial. That’s why it’s so important to hire a reputable process serving agency that’s sure to handle your complaint properly.
It’s not just the process servers that make mistakes. It’s also possible for you as the claimant to make some mistakes that can create problems.
Read on to find out some of the most common process serving mistakes and how they can affect your case.
Serve the Wrong Person
This is one of the most common mistakes out there. Serving the wrong person is a huge problem and usually happens when the intended party has a similar name to someone else, or there’s an incorrect address. In such a case, process servers accidentally serve them because of mistaken identity.
While it seems like a harmless mistake, it has far-reaching ramifications. This mistake allows the opposing counsel to contest the service completely and overturn any prior judgments.
Not Verifying the Delivery
Another major mistake made by process servers is failing to verify if the person they’ve served papers to was the intended person. In some cases, a process server claims to have seen the person, although visual contact never occurred.
Moreover, process servers sometimes forget to file an Affidavit of Service that proves the documents were delivered on time. The process server must file it because it prevents the opposition from contesting the service by claiming incomplete delivery.
It’s also essential for the process server to document everything while they’re working on your case. Sometimes, the opposing counsel can contest the service even after a year has passed. If the process server hasn’t documented everything, it’ll be easy for the intended party to walk away from the case.
Disclosing Information to the Defendant
It’s not always the process servers who make mistakes. Sometimes, as the claimant, you make the mistake of disclosing the impending process to the defendant. This is a big mistake because it allows the intended party to avoid the process server. They refuse to pick up calls and avoid being at home. This makes the process costlier and more difficult.
It’s obvious that the information shouldn’t be disclosed at all. However, claimants sometimes feel the need to boast about how they’ve gotten the application through, not realizing that serving the papers is equally important.
Not Providing Process Servers With Sufficient Information
All process servers require some guidance to ensure the papers reach the intended party. Therefore, if you have information about the defendant’s upcoming vacation or any other information, pass it on to the process server. It would definitely improve your chances of serving the affected individual.
If you’re serving someone court papers in New York, it’s best to hire one of the leading legal processing services to avoid these mistakes. We can help you with that. From serving divorce summons papers to civil summons and complaints, we offer several services to our clients. Contact us to learn more.