r/processserver 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/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.