how to dispute the date on proof of service

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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