how to dispute the date on proof of service
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how to dispute the date on proof of service
the plaintiffs attorney claimed that the proof of service was sent on the 17th, the
court file date is stamped the 18th
Asked on October 8, 2018 under Criminal Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You dispute it by showing inconsistent facts. The key thing is, however: is this inconsistent? Some things have to be filed first before you can serve them on the other side, such as a complaint in a civil lawsuit. Other things may be served on the other side at the same time as, or even before, filing in court, like a motion. So if this needed to be filed first, you can use the court filing date to disprove the service date. But if it did not have to be filed before service, the court filing date is irrelevant.
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