2006-08-27 18:41:59 · 5 answers · asked by FavoredbyU 5 in Politics & Government ➔ Law Enforcement & Police
Someone has to file return of service documents. It is up to the courts to determine who to believe on process service matters.
2006-08-29 03:46:54 · answer #1 · answered by JAMES11A 4 · 0⤊ 0⤋
They can claim they never got the papers but as the server it's your job to provide proof. A good way to do this is carry a camera with you and when you hand over the papers snap a quick picture. Now if the police served the papers then No they cannot. When the police serve any type of paper they must notify dispatch at the time they serve the papers. It's then noted in the daily log that the papers were served to the person, what time they were served and who served them.
2006-08-27 18:49:28 · answer #2 · answered by Eagle 2 · 0⤊ 0⤋
That's why court papers are normally served by a professional process server. His or her testimony will be believed. The most the person who denies service will accomplish is getting a little more time to plead. In the case of a subpoena there will often be other contacts with the lawyers involved so denial is even harder.
The same is true with papers that have been mailed in accordance with court procedures.
Process servers have been known to give "sewer service" by throwing the documents away and saying they were delivered. Here's a case where that seems to have happened:
http://snipurl.com/vlff
Where papers are delivered at work there may be witnesses.
2006-08-27 18:47:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Generally, service of process is handled by someone uninvolved in the actual dispute. The actual location of service usually doesn't matter, if the service was personal ("in hand").
The process server then signs an affidavit, attesting under penalty of perjury that the papers were served in the specified manner. Since the process server is uninvolved, they have no reason to lie, and less reason to get into trouble with the court for lying.
So, if the court has to choose between a self-interested denial that the party received the papers, as opposed to a sworn statement from a neutral third-person who has nothing to gain or lose, the court will generally believe the process server...
2006-08-27 18:46:12 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
noo cause sometimes they have to sign for them and if they dont they cant deny they didnt get em
2006-08-27 18:49:37 · answer #5 · answered by liltexas36 3 · 0⤊ 0⤋