What Is a Gutter Serve and How Can It Affect You?
When you need papers served, you need to know that you can trust the process server you have hired. Untrustworthy process servers and paper brokers often engage in gutter serves. Learn what a gutter serve is, and why it hurts your case.
What is a Gutter Serve?
A gutter serve is essentially when the process server says that they served the papers, but in reality, they threw them away and did not deliver them. This illegal and unethical practice is more widespread than you might think. Some process servers guarantee service, and when they can’t deliver, they still want to be paid so they lie about service. This can hurt you in a number of ways.
How a Gutter Serve Hurts You
You must submit proof of service to the courts for your case to move forward. If the other party shows up for court and claims that they never received the papers, it could stop your case in its tracks. Due process requires that individuals are notified of court cases they are involved in and given a chance to respond. If this did not actually occur, the entire case could be thrown out of court. Of course, if the other party never appears in court, it may not make a difference.
If it is discovered that the documentation proving service was falsified, it could get you into trouble. You will have to prove that you did not know about the deception, so that only the process server who did the gutter serve is penalized.
If you have papers that need to be served, don’t take chances with the wrong process server. Our process servers will do everything they can to get your papers delivered, and if they can’t find the individual, they will make sure you have the documentation you need to seek out alternative service. Contact us today for more information or to get started.