Q: When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of serv
When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of service with the court? The court has uploaded the sheriff's entry of service showing the dates the plaintiff and garnishee were served... Just trying to see if I need to additionally file a certificate of service covering information that the court already has...Don't want to waste the court's time but also don't want to get my case thrown out over a procedural mistake.
Good question. Like any other magistrate court claim, when you initially file suit and request the marshal's or sheriff's department to serve the defendant, you are required to fill out a form called the "marshal's entry of service" or something similar to that. Once a defendant has been served or is unable to be served the marshal's will complete that form and file the proof of service with the court. If the defendant was not served then the form will be filed indicating service wasn't made but attempted by the marshals. When the latter occurs, you have the option to request the marshals try again, hire a private process server, or seek alternative service methods.
You can look up your case online to see if one has been filed or you may call the clerk for a status update. Also, it is advised that you hire an attorney to ensure that you all procedures are followed and that your case not be dismissed on a technicality.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.