How Do You Prove Lack of Proper Service Made at a P.O.Box Address?
Full Question:
Answer:
It is possible to prove lack of service through a sworn affidavit. An affidavit generally consists of statements of fact regarding the issue at hand, with a section at the bottom for the affiant to swear to to truth of the statements made and affix his/her signature, which is then notarized in a jurat. A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him.
It may also be possible to prove that the address on the certificate of service is incorrect through current proof of address such as utility bills, paychecks, etc. addressed to the current address. A certificate of service is often attached to a pleading, indicating the location where service was made. A copy may be obtained at the court where the pleading was filed.
Please see the following case for further discussion:
http://www.cobar.org/opinions/opinion.cfm?OpinionID=4635