[WSBARP] Sheriff's Incomplete Service of Process

[Paul Neumiller]

Listmates, how risky is it for me to proceed?  Client has a homeless encampment on vacant land.  We know the main squatter so I prepared a summons and complaint for ejectment and listed the squatter's name and "All Other Occupants" in the masthead.   I delivered TWO copies of the S&C to the local sheriff's office with the instructions to serve the TWO copies on the named squatter.  The sheriff's office misread my letter of instructions (and now apologizes) and served only ONE copy of the S&C on the named squatter.  After discovery of the error, and it is now three weeks later, the sheriff's office still can't find the named squatter on the vacant lot to serve the second set of S&C.   The squatter's 20 days to respond have expired a couple of weeks ago and I can bring a motion for a default against the named squatter.  What is the most likely outcome if I attempt to take a default against the named squatter and all other occupants?  Who has standing to object that a second copy of the S&C for the "all other occupants" was not served?  Many thanks for your guidance.


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