You Got the Wrong Guy
It is no secret that some defendants will go to great lengths to avoid being served. Some defendants are even willing to lie about having been served. As a result, the law on this issue has developed firmly in favor of plaintiffs. In the context of personal service, return of service is prima facie proof of proper service and courts are required to indulge in every reasonable presumption in favor of the return. But what happens when an officer has actually, and unrepentantly, served the wrong person? In his August Illinois Bar Journal article, “You Got the Wrong Guy,” Jake Crabbs prepares attorneys for the uphill battle ahead when they set out to prove a case of mistaken identity when the courts are disinclined to believe your client is telling the truth.
Read more in the August issue of the Illinois Bar Journal.