Incorrect Service of Process and the Consequences

Service of process involves the communication to a defendant that they are now involved in a court case. The act of serving the court papers can be a challenging and frustrating task. Not many defendants are willing to accept documents that may indicate their divorce terms or trial subpoenas, after all. If you don’t ensure that a party you trust is serving the papers, you run the risk of incorrect service of process and its many consequences.

Hiring a Process Server

Hiring a reputable process server is the best way to rest easy, knowing your papers will be properly handled by an organisation you can always contact and refer to for any questions. A reputable organisation will have systems and checks in place around governance, compliance, auditing and maintain a well-trained accreditation team.

What Can Go Wrong?

If for any reason the papers are not delivered and received properly, it can place the entire court case at risk due to fraud or lack of proper service.
Fraud may be committed by a non-reputable process server or firm who claims proper service when the papers were not served at all or were served in an unacceptable manner. Both are considered acts of fraud. As the plaintiff you can’t get in legal trouble for something out of your control, but the people involved in the fraud face severe ramifications from prosecution. However, as the plaintiff your case could very well be delayed, as process of service is once again attempted. In some cases, the defendant can avoid the case by proving undue process

Finding a Reputable Process Server

Proper service, meanwhile, relies heavily on timing, and rigorous processes, that are maintained and auditable. Since all papers must be served before their deadline. If the defendant cannot be found for process of service, extra time must be utilised to locate the defendant or find an acceptable party to take the papers on behalf of the defendant. Proof of service also needs to be filed before the deadline.

Don’t stress though, InfoTrack’s rigour and adherence to compliance and governance means we employ professional process servers, who are experts in properly serving papers expediently.

It’s best to leave this job in the hands of a company you can trust, since lack of proper service can often result in the court case being dismissed or severely delayed.

Do your research, hire a team that will dedicate themselves to your service process needs, and stay on the lookout for any potential problems.