Precess Servers: When you serve divorce papers on someone, how can you prove it if you dont actually serve?

Question

the defendant?

Answer 1

Any Complaint has to be served by the Court.... whether by a Court-appointed process server, a deputy of the Sheriff's Office, or mailed by the Clerk of Courts Office.

If the latter is used, and if the Complaint isn't returned to the Clerk of Courts Office as undeliverable for any reason, it's considered to be served. If either of the two former modes are used, no Judge is going to question the authenticity of the process.

Another method of Notice is through advertisement in the newspaper. This method is used when the Complainant is unaware of the Defendant's domicile. Generally this Notice must be run for three consecutive weeks in order to give the Defendant ample time to see the Notice and to respond. If no response is received within that period of time, the Court will accept that as Notice served.

The Courts make the final decision.

Source: Self as a former legal secretary

Answer 2

Your question is a little confusing. But if you mean that the process server doesn't serve the papers then their is no proof that they were served. Most good process servers will use photographs to document when they serve papers on someone. This way their is no doubt whatsoever that the papers where served. If a process server claims they served the papers and even fakes some evidence that they did they can lose their license and spend some time in jail for perjury, falsifying documents, and a few other charges. So unless they are heading to the slammer anyways most won't lie about serving papers.

Answer 3

Normally, all civil papers have a place for the person to sign showing that they received a copy of the paper. If someone refuses, the server can mark "refused" on the paper and it is generally considered served.
Normally all process servers are either public servants (work for the court) and/or are bonded. This indicates to the court that the process server will normally be believed that he/she attempted service.

Answer 4

The process servier signs an affidavit that the papers were served according to the applicable legislation and that is all that is required. The process can be handed to you, if you refuse to take it it can be thrown at you feet of if you cannot be found it can be left at your last known address.