A process server lied and said he served me when in fact he did not. How can I prove he is lying and make him take the rap 4it.

Business 2 views 3 answers
I got a mailed ticket 4 running a red light by a photo radar cameras. so I threw it away because it was mail received and no process server serve me. this process server apparently lied and said he did serve me. and now the courts are threatening to suspend my license and make me pay a lot of fines. how do I prove this process server is lieing and get this case thrown out of court.

Attorney Answers

3
Dave BahrLitigation LawyerEugene, OR ·
A proof of service is signed under penalty of perjury and filed by the party that allegedly served the complaint/summons. Accordingly, it needs to be rebutted by contrary evidence of similar weight that puts it into question. You should talk to a lawyer. Good luck.
0 upvotes
William W. Fife IIIDebt Collection AttorneyGilbert, AZ ·
Make sure the complaint was not delivered to someone in your household. If any person over the age of 12 was served, then service was proper against you.
0 upvotes
Matthew Krupnick ·
In general, where a person is required to be served (either personally, by substitute service, or publication, in most cases) and the person who is alleged to have been served was truly not served by any appropriate methods (here it seems they claim to have personally served you), then you need to file a motion to quash service of the summons (or whatever was claimed to have been served on you that was not). If you file a declaration stating you never received service of any type, most courts will set aside any judgment in place or be inclined to quash the alleged service. I would recommend taking immediate action and retaining an attorney to help you. You may be able to recover attorney's fees, at least with regard to handling/setting aside/quashing the alleged, but untrue, service upon you. Best of luck.
0 upvotes

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