Contesting Service: The Process Server’s Role in Court Proceedings
Regardless of how well you follow the law and regulations about court cases and service of process, the situation may occasionally arise when someone claims that they did not get due process. When someone contests service, it can hold up your court case or action on your judgement. Here’s what you need to know about what happens when someone contests service of process.
When They Can Contest Service
A defendant or respondent to a court case can contest service at any point in the proceedings or even after a judgement has been made. They can contest service at any time before action is taken on the judgement, such as money changing hands. Service may even be contested at the last minute after a wage garnishment has been enacted. Whenever service is contested, it puts a kink in the works that keeps your case or judgement from moving forward and getting the resolution you are looking for.
Private Process Servers
If you used a private process server to serve papers for your case, handling a contest of service is fairly simple. A special hearing is held in which the private process server or sheriff who served the papers testifies and produces evidence as to the accuracy and timeliness of the service of process. If the judge agrees that service of process was handled appropriately, the case or judgement will move forward. This is usually a very quick hearing.
It is important that you choose a private process server that engages in ethical and regulatory processes to back up their claims of service. If service is ever contested, you need to know that evidence exists that proves that service occurred. If you are looking for a trustworthy and professional private process server, contact us today for more information or to get started.