How Invalid Service Can Ruin Your Case
If you have a legal matter, chances are you will need service of process for the individual against whom you are taking the action. This service of process is necessary for your case to move forward. According to the law, everyone must be given due process. Service of process is part of that due process, because without it they may not know there is a legal action against them and therefore cannot defend themselves against said action.
Knowing how important service of process is, it would not be surprising to know that invalid service can completely ruin your case. While improper service or lack of service doesn’t always mean dismissal of your case, it can cause significant and expensive delays.
Failure to Serve
If the defendant or respondent in your case is unable to be served for any reason, it could derail your case. Sometimes process servers are unable to locate an individual to complete proper service. If the process server claims that the serve was made but the individual claims that it wasn’t, it could cause some significant problems. If instead the process server is honest about not being able to locate the individual, you may be able to get the judge to approve alternative methods of service.
There are many rules and regulations regarding serving papers. Different types of cases and different types of legal papers all have their own rules. If the process server doesn’t follow these rules, the serve is invalid, and the case could be completely dismissed. At best, the case will be delayed while you wait for service to occur. In cases when invalid service is proven, most judges will not approve alternative service.
If you have papers that you need served, contact us for more information about how we can ensure successful and accurate service.