Proper service of process is an essential part of the legal system that ensures that all parties involved in a legal case are properly notified and given the opportunity to participate in the proceedings. Unfortunately, bad or improper service of process can have serious negative impacts on a case, including delays, financial damages, counter suits, and even loss of the case. In this blog post, we'll explore the importance of proper service of process for the success of your legal case, and provide tips and resources for ensuring that your case starts on the right foot.
One of the most common negative impacts of bad or improper service of process is delays in the legal proceedings. If the defendant is not properly served with the lawsuit, they may not even know that a case has been filed against them, and therefore may not respond to the lawsuit in a timely manner. This can cause significant delays in the legal process, which can be frustrating and expensive for all parties involved.
Bad or improper service of process can also result in financial damages for the plaintiff. For example, if the plaintiff is not able to properly serve the defendant with the lawsuit, the defendant may not be aware of the case and may not take any steps to defend themselves. As a result, the plaintiff may be awarded a default judgment, which can be difficult or impossible to collect if the defendant has not been properly served.
If the defendant is not properly served with the lawsuit, they may file a counter suit against the plaintiff for improper service of process. This can be time-consuming and expensive, and can even result in the plaintiff losing their case.
Ultimately, bad or improper service of process can result in the loss of the case. If the defendant is not properly served with the lawsuit, they may not even know that a case has been filed against them, and therefore may not take any steps to defend themselves. As a result, the plaintiff may not be able to prove their case and may lose the lawsuit.
In some cases where the service of process was improper or defective, there were additional negative impacts beyond the dismissal of the case or lack of jurisdiction. Here are some examples:
Stebbins v. Byram Hills Central School District (1992)
In this case, the plaintiff's complaint was dismissed because the process server failed to properly serve the defendant with a copy of the complaint and summons. The plaintiff filed a second complaint, but this time the defendant countersued the plaintiff for abuse of process, claiming that the plaintiff had intentionally misled the court by filing an improper complaint. The case ended up being dismissed with prejudice.
Blackwell v. Cornish (2011)
In this case, the plaintiff's complaint was dismissed because the process server failed to properly serve the defendant with a copy of the complaint and summons. The defendant then filed a counterclaim against the plaintiff for malicious prosecution, claiming that the plaintiff had intentionally filed a meritless complaint. The case eventually settled out of court.
Coulter v. Bank of America (2016)
In this case, the plaintiff's complaint was dismissed because the process server failed to properly serve the defendant with a copy of the complaint and summons. The plaintiff then filed a second complaint, but the defendant argued that the plaintiff was attempting to circumvent the statute of limitations by filing a new complaint. The case was dismissed with prejudice, and the plaintiff was ordered to pay the defendant's attorney fees.
These cases demonstrate that a failure to properly perform service of process can not only result in the dismissal of the case or lack of jurisdiction, but it can also lead to counterclaims, additional legal fees, and other negative impacts for the plaintiff. It's important to ensure that all legal requirements for service are followed to avoid any negative impacts on the case.
Proper service of process is critical for the success of your legal case. Bad or improper service of process can result in delays, financial damages, counter suits, and even loss of the case. To ensure that your case starts on the right foot, it's important to work with a reputable and experienced service of process provider, such as ABC Legal. Our network of over 2,500 professional process servers can ensure that all parties are properly notified and given the opportunity to participate in the legal proceedings. Don't let bad service of process negatively impact your case – contact us today for expert service of process solutions.