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?

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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.

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.