Have you heard of the term “gutter serve”? If you aren’t part of the court system or the process service industry, you probably have never heard the term. A gutter serve is the worst kind of experience that someone can have with a private process server. Here is what gutter serves are, why they are important, and how to avoid them.
What Is a Gutter Serve?
A gutter serve is when a private process server throws away or destroys the papers rather than serving them to the intended individual. A gutter serve is completely illegal, and it can affect your case in many ways. If the intended recipient never receives the papers, they can contest service and set your whole case back by months.
Why Gutter Serves Matter
The purpose of serving papers to someone is to notify them that there is a court action against them. This is a matter of due process, and it is a constitutional right. When a private process server fails to serve an individual but says that they did, it means that the individual did not have an opportunity to know about or argue against the case against them. This is a violation of due process. And when it happens, it can set a case back weeks or months.
Avoiding Gutter Serves
The best way to avoid gutter serves is to hire a private process server who you know you can trust. A private process server with several years of experience in the state will be your best option for making sure that papers are served quickly and accurately.
If you are in need of a private process server, contact us today for more information or to get started.
