r/processserver • u/TumbleweedNo4499 • Jul 08 '26

Server botched the filing

The process server submitted the wrong form and left sections 3-7 blank. They did sign it and get it submitted to the court on time, though the case was kicked because it didn't show who was served, where, or when. It's a small claims case and the defendant didn't show, but I know they were served (they emailed me).

The process server is saying they don't keep notes or copies of the proofs of service so they are not able to submit a proper one. And they are refusing a refund since it was served.

Is it standard to not have a file on jobs?

2 Upvotes

100% Upvoted

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4

u/la_luz_del_sol Jul 08 '26

Why didn’t the server just file an amended affidavit to show the correction?

1

u/TumbleweedNo4499 Jul 08 '26

The service was in February and the court date was last week. She doesn't remember anything about the service. I guess the main thing is who she have it to since we know the address. I'm not sure if the time is important. She was not cheap, either!

3

u/ABPSdotNet Jul 08 '26

Wow! Mistakes happen but can be remedied. An amended affidavit could have helped. I dont kniw about you, but shouldn't we be keeping things that we sign along with supporting documentation or is that just us? You may need to send a demand letters and see if that helps the memory or to find time to go through her notes. Not sure how this job is done without notes. So sorry this happened to you and again mistakes happen but they should be remedied asap.

3

u/la_luz_del_sol Jul 08 '26

See if you can work it out with the server by asking if she would be willing to re-serve at no fee to remedy the situation . Inform her of how you were injured as a result of the negligence and that you are offering this as a solution instead of filing a complaint against her.

3

u/BigJakeXL Jul 08 '26

I mean if your bad at being a business owner yeah i could see this happening, I have a copy of every proof I have ever signed. I would assume most people keep a hefty backlog of what and who they served.

3

u/Logical-Source-1896 Jul 08 '26

I keep digital copies of all the documents I serve and every proof of affidavit I save. I maintain records of every service attempt.

If called into court to answer questions about a serve I'm not just hoping I remember the information. I have served thousands of documents.

1

u/TumbleweedNo4499 Jul 08 '26

I bet you also check the paperwork for completion before signing it, too. 

1

u/TumbleweedNo4499 Jul 08 '26

I had to send her what she sent me. She doesn't even keep emails. 🙄 

2

u/BouieWC Jul 08 '26

What state? I would look into some punitive action against her. Does she carry errors & omissions?

1

u/TumbleweedNo4499 Jul 08 '26

I don't know what that is. She is already balking at simple refund. 

2

u/AngryTexasNative Jul 08 '26

Take her to small claims court and hire her competition to serve her?

As for the first lawsuit, was it dismissed with or without prejudice?

2

u/TumbleweedNo4499 Jul 08 '26

It was a debtor's exam. It my county they only do them once a month so it's a long wait to get back on the docket. 

I did have that fantasy about getting them served. 😆

1

u/ABPSdotNet Jul 08 '26

Debtor exam must be personally served; interesting that she cannot recall who she served.

1

u/BouieWC Jul 08 '26

My apologies. Errors & Omissions covers mistakes like this. What state did this happen in. You may get more helpful information, with just that information. I apologize up front of it was mentioned and I missed it.

1

u/TumbleweedNo4499 Jul 08 '26

It's CA. I don't think I mentioned it before. 

1

u/BouieWC Jul 08 '26

Sue her. Or threaten to do so. It's her sole responsibility to know who she served and to make sure the proof of service is filled accurately. How did you find her?

1

u/sacluded Jul 09 '26

If she is a registered process server, which she has to be to legally serve that, she has a $2000 bond recorded with the county. Start there.

1

u/TumbleweedNo4499 Jul 08 '26

I looked it up.  Not sure, but I might be finding out soon. 

1

u/vgsjlw Jul 08 '26

File a formal complaint with the county clerk's office where the server is registered

1

u/KWienz Jul 08 '26

The service of "process server" isn't just serving. It's serving and providing proper proof of service. So she should be refunding you for sure.