What is Proof of Service in Liberty City?
In the United States, taking someone to court for a legal action requires that this individual gets notified about the action’s initiation, as well as information about their involvement. This is done by providing the individual with a copy of any official legal documents filed with the court. Specifically, this is what we refer to as “service of process.”
The “plaintiff” in a case, or the person or entity that instigates the legal action must require proof that the other party, or the “defendant,” received proper service. They can accomplish this by filing a proof of service form with the court.
By definition, proof of service is an official affidavit. It gets signed under oath, and then filed with the court by an individual after completing service. However, in an area like Liberty City, widely considered one of the most precarious areas in all of Florida, accomplishing proper service is best left to a professional, i.e., a sheriff or a licensed process server.
One party cannot take another to court without providing them proper notice of an impending court proceeding. Service of process ensures legal proceedings continue fairly, with both plaintiff and defendant receiving the opportunity to prepare and present any arguments concerning the case.
Since the law requires plaintiffs to notify another party in a case, servers must file proof of service in Liberty City with the court. This acts as evidence that they accomplished proper, accurate service of process within a legally specified period.
Who Serves Legal Documents?
Proof of service in Liberty City will vary from other jurisdictions. Nevertheless, any proof or affidavit of service will state the same basic information. This includes:
- The name of the court where the plaintiff filed the action
- A case name and number
- The name of the individual who received service of process
- A list of each document contained in the serve
- The date, time, location, and manner of the serve
The process server must sign the affidavit under penalty of perjury. This outlines that they served the documents as stated in the proof of service in Liberty City. While every court wields standardized forms that process servers can use, individuals can devise their documentation as long as it contains the required information.
Due to the potential for plaintiffs to falsely state that they completed service of process, individuals directly involved in the legal action cannot serve documents themselves. This includes witnesses or any other individual involved in a suit whatsoever. Nevertheless, the third party must complete and testify to proof of service in Liberty City.
The following may complete proof of service in Liberty City without involvement in the case:
- Professional, licensed process servers
- A county sheriff, marshal, or constable
- Friends, relatives, or coworkers over the age of 18
Only the person who completed service can sign off on the affidavit. When the individual signs the affidavit, they assert that the information is accurate. It additionally outlines that the server wields personal knowledge of the statements contained in the affidavit with truth as well. Process servers cannot make this declaration accurately without performing service of process themselves.
What Happens Without Proof of Service in Liberty City, or an Incomplete Affidavit?
Incomplete, false, or in the absence of proof of service, a case may face severe consequences. This can create substantial delays. Judges may require that the server re-serves all court documentation. This postpones a case until proper service of process concludes. However, a judge could dismiss a case entirely, even granting a default judgment in favor of the defendant.
At worst, the judge could decide that the plaintiff is in contempt of court. Contempt laws remain in place to ensure a trial proceeds fairly. For this reason, anything that delays disrupts or damages a trial could potentially result in contempt.
This is a serious charge that involves fines, possibly even jail sentencing. By the same token, lying in a sworn affidavit is handled similarly to lying on the stand during a court proceeding. If a court finds that the plaintiff misled them, they will likely face a charge of perjury.
Serving Proof of Service in Liberty City with Lightning Legal Couriers & Process Servers
When you need to serve an individual with court documents, the ideal solution is utilizing a licensed process server. This will offer fast, accurate and efficient services to meet this legal responsibility. To learn more about serving proof of service in Liberty City, contact Lightning Legal today!