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Why You Need a Detail Orientated Attorney Representing You

Posted on October 24, 2019

There is a lot of behind the scenes work that goes into any court case. This work seems small but it’s all about making sure the little details are done correctly. One example is filing proper Affidavits of Service. An Affidavit of Service is a document that must be filed with the court anytime papers are served on the opposing party.

Say you are granted a divorce. It took time, money and effort. You feel relief knowing the case is done forever. But wait, not so fast! A copy of your divorce judgment must be given to, or served to, your ex spouse. Then a notarized form, the Affidavit of Service, must be filed with the court stating the ex-spouse was served, how they were served, where they were served and by whom they were served. This step, while not seeming like a big deal compared to everything that went into the divorce, could have significant consequences if done improperly or not at all.

The Matter of R.E.S v. R.J.K., 65Misc.3d 1207(A)(Fam. Ct. Nassau Co. 2019), a case in Nassau County this year, once again proved the importance of being diligent with the details like affidavits. Over the summer, a father filed an objection in family court to an order about child support. The father wanted to pay less in child support due to losing his employment. The court day came and the father’s objection was dismissed at the outset, due to a deficient proof of service.

The father’s attorney did file an Affidavit of Service, stating the mother was served. However, the affidavit was not done 100% correctly. The address for the mother was forgotten on the document, thus the document was insufficient. This insufficient document caused the entire case matter to be dismissed on that basis alone.

The mother may have been served correctly, but the form about the service was not correct. The father may have had a legitimate argument for his objection, but the objection was denied on a technicality. The affidavit of service was incorrect and so the entire issue was dismissed.

This oversight was as small of a mistake as forgetting a few words,but as big of a mistake as causing a case to be lost and costing the client thousands of dollars.

You can’t afford a lawyer who doesn’t pay attention to the small details. You need an attorney who will do every single thing thoroughly and with excellence. That is the way you will guarantee the best possible outcome for yourself. Our team at Law Office of Vivien I. Stark, P.C. is meticulous in our work for you. Contact us online or call us at (212) 349-1600 today to schedule your initial consultation.