What is Adequate Service of Process?
- October 11, 2011
- by PInow.com Staff
- In the News
ATLANTA, GA -- A woman launching a legal malpractice suit against Stephen M. Katz, David E. Betts, and their law firm, Betts & Katz LLP claimed in court that Katz attempted to evade service. An attorney hired by the woman hired three process servers to serve Katz and followed up with them daily until Katz was served on September 8. An affidavit submitted by process server Daryl Brooks states that Brooks served Katz’s wife after being unable to reach Katz. Brooks then re-served Katz a few days later. Process server Chalie Abebe stated that he repeatedly tried to serve Katz and even made an appointment with Katz, although Katz did not show up for that appointment. Process server David Weaver stated that he made repeated attempts to serve Katz but Katz did not answer at home. Katz has refuted the claims, asserting that he was at his office, at court, and at home during the period alleged and he was never served. He submitted evidence to the court of his whereabouts. Katz alleges that he eventually founds a summons on his doorstep, but it was unstamped and unsigned. A trial court found that attempts at service on Katz were not adequate.
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