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Process server lied. What legal action can I take against Individual or the company he worked for?

Los Angeles, CA |
Filed under: Summons and complaint

A process server lied about serving papers. The problem is that not only he lied, but he wrote a narrative in which he states he was there 9 times, I ran away from him, he talked to neighbors (neighbors gave letter that he lied)and so on. If he just lied about serving I would not care, but he is describing me in an absolutely negative light. Is there any agency that would take actions against these people who so blatantly lie? Can an official complaint be filed with anybody? What legal recourses do I have? Aren't these people officers of the court, and aren't they guilty of perjury for lying in their affidavit? Can they be charged with perjury? I can easily prove he lied.

Attorney Answers 2

Posted

You could file a complaint with local authorities, but realistically, perjury claims are rarely prosecuted.
Filing a false proof of service could put a process server's registration in jeopardy. Contact the county where the server is registered for more information.
You could try suing the server for making false statements about you.

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2 comments

Asker

Posted

local authorities, mean police dept or what? the county is LA, do you have the phone number or the department I need to call? thanks.

Nicholas Basil Spirtos

Nicholas Basil Spirtos

Posted

Police, DA, City Attorney. Anyone who will take an interest. But you will probably be spinning your wheels. If you do not have an issue with actually having been served, then just move on and focus on the lawsuit. Otherwise, file a motion to quash.

Posted

This is probably best handled in front of the judge handling your case challenging the service. Have the process server called to the stand to testify and have your witnesses.

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