Process server panel reviews complaint; investigators recommend refusing to renew Afolabi Ogunfua’s certification

Process server certification staff recommended that the Process Server Complaint Review Committee refuse to renew the certification of Afolabi Ogunfua and impose a $1,600 penalty, committee members were told at their June 19 meeting.

The recommendation, presented by staff member Amy Smith, stems from a complaint filed Dec. 7, 2023, by Trevor Gonzales alleging that Ogunfua filed a false return of service and instead served the complainant’s father-in-law. "On 12/07/2023, Trevor Gonzales filed a complaint against Afolabi Ogunfua alleging that the respondent filed a false return of service and instead served his father-in-law," Smith said.

The matter matters to certification oversight because investigators recommended permanent refusal to renew the process-server certification and a $1,600 total penalty, payable within 12 months after the final ruling, for alleged violations of the commission's code of ethics and certification rules. Committee members were reminded that this meeting was not a contested hearing and that the full commission will review any dismissal or final decision.

In his remarks to the committee, respondent Afolabi Ogunfua acknowledged signing a return of service that misclassified the method of service and said the error was due to inexperience. "I signed that return of service without recognizing the inaccuracy of the classification," Ogunfua said, adding that he had obtained his certificate in May and that the incident occurred in September.

Ogunfua told the committee he had correctly documented leaving the documents at the subject’s site in his own field notes, and that when ABC Legal prepared the filed return it was labeled as personal service. He said he accepted responsibility for signing the return without noticing the misclassification but denied an intent to mislead the court.

A staff member clarified that the respondent’s criminal record and a deferred-adjudication matter are not before this review committee and instead will be addressed by the full commission. "The matter of the criminal record and the deferred adjudication placement for Mr. Ogunfua is not before this particular complaint review board; it'll be going to the commission," the staff member said.

After discussion, the committee went into a closed executive session under the commission’s public meetings policy, citing provisions to confer with legal counsel and consider the case for cause number 0632, agenda item 38; the host stopped streaming. The transcript record shows no formal vote or final committee decision on the investigators’ recommendation before the session; any final disciplinary action will be decided by the commission.

The committee heard only this case during the public portion of the meeting. Additional details presented to the committee included the complaint filing date (Dec. 7, 2023), the investigators’ cited code sections, the recommended penalty amount ($1,600), the respondent’s statement that he received his certificate in May, and the respondent’s admission that the misclassification was a result of inexperience.