Perfect Process Blog

As for the Liars

February 3rd, 2011 by Marc Jaco

For those who have served a defendant who later claims not to have been served: Unless the citation is defective, anything filed by defendant other than a Motion to Quash is an appearance making service moot.

2 Responses to “As for the Liars”

  1. JL says:

    I had a the exact same thing happen. This lady I served many months ago claims to not have been served. She called and threatened to file a lawsuit. I told her if she believes that Service of Process has not been executed on her by me…then I would file a lawsuit in her situation. She quickly stopped threatening me.

    I think she wanted me to question myself and contact the courts in fear of a lawsuit because she somehow knows the quantity of individuals/corporations that I service and thought I would forget her. Good thing I photo copy every single affidavit of service that I draft after I sign it and get it notarized.

    I suggest every server I know to either scan to their hard drive(s) or copy every affidavit they ever send. Because, as we know, clients often say they lose them.

  2. JL says:

    Or the good trick for service forwarding companies “you never sent that.” I now send everything certified. I’ve got boxes of records! 🙂 Happy hunting.

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