If you have recently filed a civil case with the Orlando area courts, you have already learned that you have to have the other parties served. But what if you think the papers have been served, and the other party claims they were never received? This is where proof of service comes into play.
Is proof of service always required?
Yes! But what that proof of service is comprised of varies depending on the type of case and the type of legal papers. At the minimum, the process server must sign an affidavit of service on their copy of the papers and file it with the courts.
What happens when the other person claims they were never served?
If the individual or company claims that they were never served, and therefore any judgement is void, the judge will order an inquiry to discover if the service actually happened or not. They will first look for the proof of service. They may also require the process server to testify in court.
What if the process server lied?
If the process server lied about serving the papers and the falsification can be proven, they will be fined, may face jail time, and will never be able to serve papers again. You may also be able to get restitution for the invoice paid as well as additional legal fees to correct the mistake.
The papers will have to be served properly before the case can move forward. However, if your case has already been decided, your judgement may be summarily dismissed. Depending on the type of case, you may not be able to file again.
How can I avoid complications?
The best way to ensure that your case will not be delayed or dismissed due to proof of service is to hire a private process server with years of experience and a great reputation. Our private process servers meet these requirements. Contact us to get started.
