During a lawsuit, certain legal documents must be served on an opposing party, in addition to a signed proof of service affidavit which must be filed with the court. The signed proof of service affidavit validates the fact that proper notice was rendered upon the opposing party regarding such documents in the pending legal matter.
It is not uncommon for someone to have a friend serve documents and forget to draft and sign a proof of service. Doing so can make it easy for opposing counsel to contest the validity of the service and possibly result in your case being dismissed.
At Direct Legal Support, Inc., we strongly recommend you hire an experienced registered process server to help you with your service of process needs. Read on to learn more about how to challenge opposing counsel's invalid service of process accusations.
Proof of Service Affidavit Overview
The proof of service affidavit states the party who served the documents, what documents were served, the method of service, and where the document was served. The information contained in this document is used to illustrate that the opposing party received the proper notice required under law regarding the pending lawsuit. Under most state laws, any document you file with the court must be served on the opposing party.
Challenging a Proof of Service Affidavit
Several lawsuits have been dismissed as a result of failed service of process. Do not let this happen to your case. If you have a friend over 18-years-old who is not a party to the lawsuit serve the papers on your behalf, make sure you tell him/her how the proof of service affidavit should be completed.
For example, say you have a friend serve a Findings and Order After Hearing on opposing counsel and he/she claims such documents were not received. The proof of service affidavit will state who served the documents, when, the type of documents served, how, and at what address. Further, the person who rendered the service could testify in court as to the authenticity of service to help support your claim that service was properly performed. This will help to detest any claims opposing counsel may make regarding the validity of service.
If you have any doubts as to whether a party was served correctly in your pending lawsuit, contact Direct Legal Support, Inc.. We are here to provide you with information on how to best render service of process and would be more than happy to assist you. Call (213)483-4900 or email us to speak with one of our registered process server.