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Proof Of Service (POS) is solid proof that a legal pleading or document was delivered and served on the correct party(s). Proof of service must get served by a 3rd-party. POS is always very important at every required step in a successful lawsuit or (perhaps a partial) enforcement of your judgment. In California, some laws that are relevant are CCP 17, CCP 412.20, CCP 415, CCP 412.10, CCP 420, and CCP 422.10, and government codes 22 and 26660. My articles are my opinions and are not, legal advice. I am the judgment broker, and not a lawyer. If you need legal advice or a strategy to use, you should retain a lawyer. When the debtor is served papers with any other name than what is listed in the body of your judgment, your POS may be refused. This problem may appear if your judgment debtor uses more than one name, and uses AKAs (Also Known As). As an example, Dan Debtor got sued to obtain the judgment, and then you find out later the debtor has no assets using that first name; and he owns available assets in his other name of Daniel DebtorMan. When a POS for any post-judgment pleading or document lists anyone other than Dan Debtor, the POS may and probably should be refused by your court. If the debtor has another name, depending on the state, a motion for an affidavit of identity with proof they are using that AKA name, may let you have the judgment amended to include their other name. Keep in mind, that generally, you cannot add additional parties to your judgment, only AKAs of your judgment debtor. Without an affidavit of identity or the equivalent getting done, you can provide a brief explanation about their other name to the paperwork package; however the name on a proof of service needs to exactly match the name as shown on the notice of the lawsuit and as named on the judgment. There is a difference between filing your legal document at a court, and having a document issued by the court. When your court rejects the proof of service as a party was not named properly, that's the best way and time to learn about this kind of issue. Of course, you might decide to resist the court clerks's rejection. Remember, it's important to pick all your battles with care, and instead appreciate and understand why the court refused the POS. Usually, when a person filing their legal document thinks their legal document is correct, however a court clerk will not file the document; the filer could probably ask that clerk to "demand file" the document. The clerk stamps the document "received" rather than of "filed" and will stamp your legal document with "filed on demand", sometimes with red ink, and sometimes some judge will then looks at the document and make a judicial decision about the legality of filing of the document. The worst way and time to discover a POS naming issue is to have a lawsuit tossed out of court by the court, or for a POS problem to cause your large post-judgment garnishment to be defeated. In a pre-judgment AKA name situation, an amendment to the original complaint could correct the issue. A good policy is to discover all the AKAs of the defendant before you sue them. Mark Shapiro of: http://www.JudgmentBuy.com - The fastest and easiest free way to find the right professional to recover or buy your judgment.
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