Motions & Objections Defendants’ Attorneys Can Make When a Process Server or Sheriff Illegally Serves Someone in a Court Case
In any case, the process servers need to serve the defendant correctly. If they do not serve the defendant properly, it will cause many issues for the process servers in OKC. Whether it’s a process server or a private investigator in Oklahoma City, mistakes during a service can lead to many serious issues. Still, the defendant’s lawyer can challenge these mistakes by filing motions and objections to protect their client’s rights. This blog will explore motions and objections the defendant’s attorney can make on not getting proper service :
1. Motion to Dismiss for Improper Service
One of the most common responses to improper service is a motion to dismiss the case. In this case, the lawyer files a motion to dismiss the case and says the court should cancel it because the process servers did not serve the defendant properly. A process server in Oklahoma must follow the rules to serve the defendant correctly. Otherwise, the lawyer can say the defendant did not get adequate service.
2. Objection to Service of Process
Sometimes, defendants can also challenge the service when they do not receive proper service, often by filing an objection. Service objection occurs when the process server in OK makes mistakes during service, like serving the wrong person, serving someone at the wrong address, or not serving at the right time. When the service does not meet legal requirements, the defendant does not receive proper notification, which is why the defendant files an objection.
3. Motion to Quash Service
When process servers in Oklahoma City make mistakes in serving the legal documents, the defendant’s lawyer asks the court to completely quash the service or fire process servers from the job. They often do it when process servers serve the wrong person or serve at the wrong address. The process servers need to seek help from private investigators in OKC to ensure they have the correct address to validate their service.
4. Service by Publication
In some situations, if the process servers near me find any difficulty finding the defendant, the court allows them to serve by publication, which means the court will enable them to publish papers in newspapers. Process servers must follow specific rules to ensure the defendant gets the proper service. When defendants do not get any notification regarding documents, they can challenge the service of process servers.
5. Improper Substituted Service
Substituted service happens when the process servers instead of serving documents to a defendant; he serves the defendant’s family or colleague. But, the person receiving the paper has to follow specific rules while accepting them. If the process server in OK makes a mistake, the lawyer can make difficulties regarding the service.
Conclusion
Process servers and private investigators in OKC often face challenges due to improper service. With the help of a lawyer, the defendant can protect their rights by challenging the service, dismissing the case, or invalidating the service. This blog shows the need to be careful while performing any task. When you ever think you did not get the proper service, you must inform the lawyer who can help you solve your case.
You must contact professionals like process servers and private investigators to hire an expert lawyer. Never hesitate to seek help from these well-trained experts. Private investigators can ensure they do everything correctly so you can defend your case correctly.
Process servers near me are always active in helping their clients solve their problems through phone calls.
