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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18804
Experience:  B.A.; M.B.A.; J.D.
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can i amend my proof of service after judgment? defendant has

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can i amend my proof of service after judgment? defendant has filed a motion to set aside judgment on grounds of fraudulant service because the current proof of service says personnal service but he was sub served. The process server made a mistake. He will write a declartion to fix his mistake and also the person who sub service was made on will give a declaration saying that they were sub served and they gave the papers to defendant. should i file an amended proof of service and my opposition and will this hold up in court?
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can i amend my proof of service after judgment?


Response 1: No, you cannot. If the Defendant was improperly served and files a Motion to Vacate the Judgment because of improper service, the Court would grant the Motion to Vacate.


defendant has filed a motion to set aside judgment on grounds of fraudulant service because the current proof of service says personnal service but he was sub served. The process server made a mistake. He will write a declartion to fix his mistake and also the person who sub service was made on will give a declaration saying that they were sub served and they gave the papers to defendant. should i file an amended proof of service and my opposition and will this hold up in court?


Response 2: No, it would not hold up. You would need to start your case over after the Defendant's Motion to Vacate is granted. Improper Service of the Summons and the Complaint goes to due process and the Court takes the matter very seriously. You cannot amend your proof of service after your have obtained Judgment in the case.

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