Process servers must know the laws governing their trade in and out. Even minor mistakes in service of process can have huge consequences for the related court case, including grounds for dismissal. Avoiding mistakes in service of process saves time and money for your firm and keeps your clients happy. The most common process server mistakes are:
Not preparing well enough
Process servers should attempt to gather all possible information about their target before they ever attempt service. This information can include the target’s name, possible nicknames, addresses, workplace, school affiliation, and more. By collecting this information ahead of time, multiple service attempts can be made at different locations on the same day without having to stop back by an office. Information gathered can also give you deep insight into the target’s life and past. For example, you may discover that your target is a guest speaker at a local convention and decide to catch up with them there. It is also important to determine if the target has a history of violence, which will prepare the process server for a potentially hostile scene. Preparation is key to serving process effectively.
Serving the wrong person
Always be sure to verify a form of identification for all persons being served if possible. However, especially in divorce proceedings, the target may not be willing to show an ID or even acknowledge service. It is fine if they don’t physically take the papers or show an ID, but you must know without a shadow of a doubt that the person you are attempting to serve is the intended target. Serving the wrong person invalidates the service and can get the entire case dismissed.
Not completing proof of service
The last thing a process server must do after serving process is to complete the proof of service section, often located on the back of the court summons. Proof of service must be signed by the server in front of a notary, and then filed with the court holding the case or hearing. Not completing a proof of service can invalidate the service and court case.
Process server mistakes can have a ripple effect on a case. Even with the best intentions, mistakes add time and cost to a case. Use a professional, reliable process server like those at Accurate Serve for the best service of process available. Our experts know everything about civil process server laws, keeping your cases moving along without constant stress and worry. Call (404) 924-4838 to find out how we can ease your workload with high-quality service of process in the Atlanta metro area.
