service of summons

6

6458

Guest
what recourse does a defendant have if the plaintiff claims to have personally served a summons but had not?
 
He will have to prove to the satisfaction of the court that he effected good service.
 
Check the file in the court office - should be a declaration or affidavit of service.
 
a plaintiff would have to describe exactly where one was, what one was doing, who one was with at a given time. my home has a security gate and door which would have records of who tried to access and when. it must be easy to pick apart a story like that. what would happen to the court case and plaintiff if the they were proven not to have served the summons
 
Just as a by the way............

What is the case about? Have you any liability? No liability? Is there any reason why you would not accept service of the proceedings?

mf
 
no, no liability. more a matter of principle. whereas i wouldnt like to say i would have welcomed it, it wouldn't particularly worry me. infact their actions would bolster my case.
 
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