Professional process servers have an important advantage in that a proof of service is considered, or presumed, true and accurate until proven otherwise. This advantage is based on the principal that a process server, being a disinterested party, faithfully and truly acted in the way described in the proof of service. The court accepts the process server’s word as true and correct. This presumption can only be overcome by a direct attack upon the proof so as to establish that one or more of its elements are untrue.
Once a proof is filed with a court it is treated as evidence. It is not conclusive evidence that service was made but is regarded as “prima facie” evidence that the service occurred as described. Prima facie is Latin for “at first sight; on the face of it; so far as can be judged from the first disclosure; a fact presumed to be true; etc”.
Service must be obtained substantially in accordance with the provisions spelled out in statute or court rule. Failure to follow and comply with these statutes and rules opens the proof to attack. If the service is found to be insufficient then the court has not acquired jurisdiction and the judgment, if one was entered, is without force and effect. Such insufficiency may be found years after the judgment is entered.
Professional process servers maintain records of each service accomplished or attempted for years after assignments have been completed, filed, and forgotten. These become invaluable when, after months or years, a claim is made the service was done improperly or not at all.
Keeping good records should not be limited only to those assignments you might deem “important.” Certainly there are serious liability concerns if a major case is thrown out for lack of service but it is still embarrassing to have even a small collection judgment overturned due to a simple lack of documentation.
So even though there is a presumption of proper service no professional server will trust it in all situations. Professional servers make careful notes immediately following each attempt or service. They ask for signatures from the people being served. They note the little things about the person such as clothing and jewelry. And they keep these records for at least 10 years. Tell me more.
The basic rule to follow is
“If It Isn’t In The File Then It Didn’t Happen.”
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This is a rough diagram of a typical courtroom in the state of Washington. Courtrooms vary a great deal from city to city and county to county but they all have the same basic structure.
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