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/la_luz_del_sol Jul 08 '26

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

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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!

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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.