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Contesting Service: The Process Server’s Role in Court Proceedings

When you file a case against an individual or company in court, you are required to notify the other party of the court documents that you filed. This service of process is necessary for your case to successfully move forward. But what happens when you hire a process server and your respondent claims improper service? It can hold up your case or stop you from receiving your judgement. Here’s what you need to know about the process server’s role.

Contests of Service

There are several different ways that someone can claim improper service. They may be able to prove that they no longer live at the address where they were supposedly served. They may be able to prove that they were out of town when they were supposed to have been served, or they may simply claim that they never received the papers and leave the burden of proof on you, the petitioner or plaintiff.

Know Your Process Server

If you hired a reputable process server, you can feel confident that your case will indeed move forward. A good private process server will be able to prove and testify that they served the papers correctly. If you are unsure whether or not you can trust your process server, you may want to petition the court to require the process server to appear and provide proof of service.

Traverse Hearings

A traverse hearing is a hearing that determines if the service of process was completed appropriately. These hearings can come at any point in your court case, either in the beginning, at trial, or even after a judgement but before payment has been made. Whenever the traverse hearing is scheduled in your case, you will need to have your process server appear in court with proof of process and to testify its accuracy.

If you are looking for an experienced and trustworthy process server so that you don’t have to worry about your own traverse hearing, contact us today for more information or to get started.