Some serves have much more at stake than others. Every serve is important because they are something our clients trust us with, but some serves are a part of cases that total in the thousands of dollars and adequate means of service are absolutely necessary for every job.
Today we are showcasing a case that happened in British Columbia in Canda. And this whole case hinged on the trust of a process server and their ability to have accurately served a specific individual and be able to guarantee it.
An owner of an unfit building was to be notified of remedial action that was required. A package of materials was given to a process server to give to this woman; including the city council’s resolution. Years later, after lawsuits and countersuits had taken place through the legal process they arrived in court and her entire argument for the case was not that she was guilty or not but that she wasn’t served the resolution and package as the process server had communicated to the city. She claimed that someone else at the residence (a babysitter) received the documents; based off of a low-quality photo that may have opened up the possibilities of who was being served.
After the service, Watt repeatedly got in touch with city authorities stating she had not been served. When the remedial work was not performed, the city went ahead with the work. Watt filed a notice of civil claim in December 2014, alleging trespass to property and claiming damages. The city filed a counterclaim seeking judgment in the amount of $57,989.01 for the costs of the remediation work.
No matter how the case would have turned out, the fact that the process server allowed some wiggle room in what had actually happened (lack of documentation in video, records, ect) made the case much less straightforward and expensive.
When hiring a process server you need to know what you are paying for and what the company can offer. There are no guarantees in process serving just like there are no guarantees in private investigative work, but there are individuals and organizations which are much more trustworthy and have a much greater reputation.