Common Mistakes a Process Service Can Make

Published February 15, 2021 | By Accurate Serve Denver

Process servers play a critical role in the delivery and receipt of sensitive legal documents. Without them, future legal action cannot occur.

However, process servers are not always perfect. Mistakes sometimes occur that can lead to a case dismissal or even a mistrial. This is why it’s so important to entrust your document delivery to a reputable, experienced process serving company with highly trained employees.

Mistake #1: Serving the Wrong Person

This mistake is more common than you might think! Serving the wrong person is a huge problem that occurs when the intended recipient has the same or similar name as someone else. In other cases, process servers accidentally serve the wrong person based on an outdated address or case of mistaken identity.

Unfortunately, this mistake has serious consequences. Serving legal documentation to the wrong person gives opposing counsel the grounds to contest the service entirely and overturn prior judgements.

Mistake #2: Failure To Verify Deliver

Even if the correct person is served, failure to complete and verify service completion can still compromise the process. Inexperienced and dishonest process servers often make this mistake.

In some cases, a process server claims to have seen the person being served, though visual contact was never actually made. Process servers must also file an Affidavit of Service to prove documents were delivered on time, but this step is frequently forgotten or overlooked.

Without an Affidavit of Service, opposing counsel can claim incorrect or incomplete delivery and get a case thrown out.

Mistake #3: Lack of Preparation

Process servers need to prepare for their deliveries and learn how to handle difficult situations, such as evasive recipients. Lack of preparation is a major mistake that can lead to unsuccessful initial service attempts.

At Accurate Serve of Denver, we strive to provide timely, reliable, and professional process serving for clients throughout Denver, CO. Call us today to learn more and schedule your service.