Two recent cases out of Minnesota show the importance of making sure you utilize a process server who is knowledgeable of the ever-changing rules of service. In both cases the lawsuits were dismissed for ineffective service and the rulings were affirmed by the appellate court.
In the first case the affidavit wasn’t filed within 20 days of service, which is mandated by the court. Instead, it was filed eight week after. While missing filing deadlines can be an attorney error, it can also be an issue if the filing is handed by the process server. For example, within New York attorneys have only ten days from the issuing of a docket number to complete service and file the affidavit. If you have a process server who waits until the twelfth day, you’ll need to start all over with filing the case and obtaining a docket number.
In the second case the process server personally served a human resource employee on an insurance carrier at its office in Nebraska. Yet Minnesota rules require service needs to be made on an officer or managing agent. The court claimed the recipient of the service in this case wasn’t someone who “reasonably could be expected to inform the corporation of the service”.
A process server who truly understood the rules of the court relating to service of process would have been able to determine that the human resource employee was not the appropriate individual to effectuate service on. Yet in this case the process server went ahead with service, which means the court dismissed the case.
With extremely busy schedules and valuable time, refiling cases is something that shouldn’t be on any attorneys to-do list. It’s important to choose a process server who is going to serve your case correctly on the appropriate individual in accordance with the laws and rules of the given states involved.
In over 33 years, DGR has never had a case dismissed for ineffective service. We are constantly training our employees and keeping them up to date on the latest rule changes to ensure all of our service, so you never have to worry about your case being dismissed due to service issues.
