For those who have served a defendant who later claims not to have been served: Unless the citation is defective, anything filed by defendant other than a Motion to Quash is an appearance making service moot.
For those who have served a defendant who later claims not to have been served: Unless the citation is defective, anything filed by defendant other than a Motion to Quash is an appearance making service moot.
I had a the exact same thing happen. This lady I served many months ago claims to not have been served. She called and threatened to file a lawsuit. I told her if she believes that Service of Process has not been executed on her by me…then I would file a lawsuit in her situation. She quickly stopped threatening me.
I think she wanted me to question myself and contact the courts in fear of a lawsuit because she somehow knows the quantity of individuals/corporations that I service and thought I would forget her. Good thing I photo copy every single affidavit of service that I draft after I sign it and get it notarized.
I suggest every server I know to either scan to their hard drive(s) or copy every affidavit they ever send. Because, as we know, clients often say they lose them.
Or the good trick for service forwarding companies “you never sent that.” I now send everything certified. I’ve got boxes of records! 🙂 Happy hunting.