 tshirtPremium,MVM
join:2004-07-11
Snohomish, WA
kudos:3
 ·Comcast
| reply to Mr Matt
Re: Was the user properly served a subpoena! The server must sign the afidavit on the back and retain the original supoena.
By doing so he attests to the court that he has personally identified and proper served the person(s) named.
Should a error be made the court can take action against the server, his firm (often a third party service), and the party who requested the supoena (usually a lawyer, on behalf of a client)
since a service error calls into question ALL evidence submitted by that party, it is a very serious mistake. (probably damaged or end of case, and will reflect on future services buy that individual)
"Process Servers, like other professionals such as lawyers, accountants, architects and doctors, have an exposure to liability for the services they perform. In the case of Process Servers, state statutes uniformly affirm that a Process Server has unlimited financial liability to the public harmed by an error or omission committed by him or her ; OR in the case of the use of a subcontractor, the Agency from which the service order originated."
The system isn't perfect but it does permit highly punitive actions for errors. |
