Enforcing Your Judgment And Proof of Service
You've worked hard to secure the evidence necessary to take your defendant to court. And you know you should win. But even if your case is a slam dunk, do not overlook this crucial part of the justice system. Proper proof of service is essential when it comes time to collect your judgment.
If it cannot be proven that the defendant had prior knowledge of your court date, the likelihood of your case being thrown out and dismissed at a later date is high. And that burden of proof is on you, the plaintiff. Even if you won a judgment by default, because your defendant failed to appear at the court hearing, your case can still be dismissed. The defendant will claim he or she had no prior knowledge of your lawsuit. This adds insult to injury. And its very frustrating. Don't let this happen to you.
Take the time and effort to make sure your defendant is aware of your court date. Remember that they may have avoided prior lawsuits in the past, and successfully fought their way out of a wage garnishment, bank levy, or other court order, because they can claim with success that they were not residing at the address on their summons.
Service of process generally happens in three ways:
Summons by Certified US Mail: The court will send the summons to the address you provide on your complaint, and the postal service will require a signature upon receipt.
Sub service by an adult household member: This means that the bailiff, sheriff's deputy or professional process server will leave a copy of the summons with a third party. The server will record the details of service in their notes.
Personal Service: This is widely accepted as the gold standard of service. It is the hardest method to disprove. The server will identify the defendant and provide them a copy of the summons, and take care to record the details. Later, if the defendant tries to claim they were not served, the serving party may be required to appear in court with their notes and will swear under oath that they did in fact serve the defendant.
Remember that default judgments are awarded all of the time. Many defendants will simply ignore their summons and fail to appear for their hearing. The judge or magistrate will issue a judgment in favor of the plaintiff, and move on to the next case. You may not have the attention of the defendant until later, when the enforcement process begins.
Take the time to secure proper service. Treat this step with the same care that you did when preparing the evidence to win your case. Successful collection of your judgment may depend upon it!
Thank you for using Capital Discovery Solutions for all of your process serving and judgment enforcement needs in Columbus Ohio.
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