Case Study: Inaccurate Service Quashed
- September 22, 2011
- by ServeNow.com Staff
- In the News
SAN JOSE, CA -- If a process server incorrectly claims personal service but the target gets the documents anyway, does it count? That's the question before the Sixth District Court of Appeal. American Express Centurion Bank sued Robert V. Zara and a process server sent to serve documents in the case claimed personal service, even though the process server's description of Zara was inaccurate and Zara claims that he found the documents outside his door. Zara claimed that accepting the service as valid would "invite servers to fraudulently submit to the court proof of summons." As a result of the snafu, the court has ordered service on Zara to be quashed.
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