Court has docs of defendant being served on a date different then the defendants personal records,whos right?
In Arizona, if the District Court has records of a defendant being served on a date different then the defendant's personal log book, which date is correct? I'm a plaintiff and the defendant says they were served on a date different than the date of service on the summons. It shows somebody from their company signed on 7/23 yet their company log books indicates 08/03. Based on the date of service in court, they defaulted, yet their books say they made it on time. Please help if you can!! Or at least direct me to a case in which clarification was shown. Thanks!
Answers:
The log book can and might have been faked so it is in doubt.
There is no reason for the District Court to fake a subpoena or any other document. The court records are the ones to be believed, but you have to prove that the log could have been in error or faked. Try dating the ink on the original.
If the Arizona court has records that do not agree with those of the company who would profit form having the date changed then the court is not going to believe that date, they are going to believe their fellow court officials.
If this is a civil suit then you can claim that court documents are the original proof and the only valid proof and that the defendant has to prove that they are wrong. The defendant's records do not agree because they are flawed, either in error or through deliberate changing of the time.
Find the official that delivered the subpoena and have them testify, their testimony will be taken over that of the company log.
The date on the legal document (proof of service) has precedence in court. It would be up to the defendant to prove that the earlier date was entered onto the proof of service fraudulently...a very high bar.
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