The Process Server (TPS) What Happens If a Process Server Trespasses?

Process servers have a legal duty to serve court documents.

But that doesn’t give them free rein to violate property laws.

If a process server trespasses, they can face legal consequences—and in some cases, their actions can even invalidate the service.

So, what happens when a process server crosses the line?

Let’s break it down.

What Counts as Trespassing?

Trespassing laws vary by state, but in general, a process server is trespassing if they:

Enter a home without permission – They cannot step inside unless invited.
Ignore a “No Trespassing” sign – A clearly posted sign makes unauthorized entry illegal.
Jump fences, enter locked gates, or force their way onto private property – This is an automatic violation.
Sneak onto a property after being asked to leave – Once told to leave, they must comply.
Attempt to serve documents in a secured or restricted area – Locations like military bases, government buildings, and private businesses often have strict no-entry policies.

Key Takeaway: If a process server steps onto property where they are not legally allowed, they are trespassing—and you may have the right to take legal action.

What Are the Consequences If a Process Server Trespasses?

1. Criminal Trespassing Charges

If a process server enters private property illegally, they could be charged with trespassing under state laws.

In most cases, trespassing is a misdemeanor—but if they break into a restricted or secured area, it could become a felony.

What You Can Do:

Call law enforcement if a process server refuses to leave.
File a trespassing complaint with your local police department.

2. Civil Lawsuits for Invasion of Privacy

If a process server enters private property without consent, you may be able to sue them for damages.

If their trespassing caused distress, property damage, or harassment, you could file a claim for:

Emotional distress
Invasion of privacy
Trespassing damages

What You Can Do:

Document the incident (photos, videos, witness statements).
Consult an attorney to see if you have a valid lawsuit.

3. Invalidated Service (If the Papers Were Served Illegally)

If a process server trespassed to serve papers, you may be able to challenge the service in court.

If the judge agrees the service was improper, they can:

Void the service, forcing the other party to reattempt service legally.
Delay the case, giving you more time to prepare.

What You Can Do:

File a motion to quash the service (through an attorney).
Provide evidence of trespassing (security footage, witness statements, photos).

4. Process Server Faces License Suspension or Blacklisting

In states where process servers must be licensed, a trespassing complaint can result in:

License suspension or revocation
Fines & penalties
Blacklisting from professional associations (NAPPS, state process serving boards, etc.)

What You Can Do:

Report the server to their state licensing board or professional association.
Check if your state has a registry of licensed process servers and file a complaint.

What to Do If a Process Server Trespasses

Step 1:

Tell Them to Leave – You have the right to ask a process server to leave if they are on private property without permission.

Step 2:

Document Everything – Take photos, videos, and witness statements to back up your complaint.

Step 3:

Call Law Enforcement (If Necessary) – If the process server refuses to leave, call the non-emergency police line.

Step 4:

File a Legal Complaint – If trespassing caused harm, consult a lawyer about filing a civil lawsuit or challenging the service in court.

Step 5:

Report the Server to State Licensing Boards – If they broke industry rules, they may face professional consequences.

Final Takeaway: Protect Your Property & Your Rights

Process servers must follow the law—trespassing is NOT allowed.
You have the right to refuse entry and report violations.
If a process server trespasses, you may be able to sue, invalidate service, or press charges.

Legal service should be done the right way—not by breaking the law.

Testimonials from Our Clients

What Clients Say About Our People-First Approach

The Process Server

5.0

Based on 188 reviews

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C PAN

05:36 16 Jul 24

Excellent work. Right to the point with instructions what to send them and what their procedure was. Had my papers served right after the holiday weekend and a copy of the declaration was emailed to me and one was mailed led to the court. No surprises. I’d recommend them to others. Oh! Before I forget, what I like the most was that they answered the phone both times I called. This is rare nowadays.

evelyn alvarez

23:39 15 Jul 24

Good service

christine Taylor

02:44 14 Jul 24

I contacted this particular process server office and spoke with the gentleman named Justin. Justin was extremely helpful and patient helping me through the process. I found it extremely impressive how well he communicated and responded so quickly to all my phone calls, emails or concerns.I highly recommend this business.

Lupe Valencia

19:36 13 Jul 24

The process server who helped us was Justin, he was on time with everything and professional during the whole situation, and served my ex wife in a timely manner! Highly recommended.

A D AD

18:41 08 Jul 24

The best process service in the Phoenix Metropolitan area. Very professional staff, people friendly, and detail-oriented. Addressed all my concerns and treated me like a "human" not an object.-Thank to all the team members at "The Process Server" for such an amazing job! They care about people.

Dan Dodson

13:53 28 Jun 24

Worked with me on a difficult serve, last minute changes, high traffic area delivery. Good communication skills, professional, efficient and tactful. Would use them again!!! Many Thanks !!!

Breanna Kudamik

05:23 28 Jun 24

I cannot stress how excellent this process server was. When the sheriff's office told me it could take weeks to months to service, I immediately called these guys and they got it done the next day. Cannot tell you how safe i feel now thanks to this wonderful company. Thank you!

mary rincon

23:16 27 Jun 24

Very polite and easy to work with

Berlin Gatow

04:16 22 Jun 24

Justin and his server processer are fabulous and professional. My gratitude to all, who had participated in this legal matter.

Shalina Madrigal

02:25 18 Jun 24

I’ve had to use them over the years and always had the best customer service. Great communication and great timely manner. Highly recommended!

Greg Asay

01:17 28 Apr 24

The Process Server was outstanding. They responded quickly to our request, including making sure our documents were served the next morning. Their customer service was excellent and really compassionate about our situation. They quickly uploaded proof that the documents were served to AZPoint. I would definitely use them again! Thank you!

takten3

03:48 18 Apr 24

Justin is the office staff member that did the coordination and John is the staff member that performed the actual document serving.Both super great individuals. Both professional. Both communicated extremely well. I received a follow up phone call from Justin (after the serve) to ensure I filed my paperwork with the court (given that this was a rush serve situation). I also received a confirmation call from John after the serve was completed, informing me how the serve was received.I would definitely use them again! You have to be careful what process servers you use. These guys are really good and professional. —Todd

Alicia Amador

15:18 14 Mar 24

Tried using a different process server prior to them to save some cash, but the other company struggled every step of the way from the very beginning. Decided to reach out to this company and they handled everything very smoothly and were able to get my person served quick. Communicated along the way, answered all of my questions and overall made me feel much more at ease over the whole situation. Will be using them more in the future and have already recommended them to anyone who needs a process server

Victoria Moreno

20:56 05 Feb 24

They were amazing! And when they say fast service they mean FAST! Process server John was proficient and got the job done in less than a week. I communicated with Justin the whole way and he was amazing on letting me know what steps I should take next! I really appreciate them and will for sure use them if I ever need any paperwork served!

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We're here to assist you with any legal support services you may require. Although our main office is located in Phoenix, we have dedicated local teams to handle all location-specific tasks efficiently. Here's how you can get in touch with us.

The Process Server

13416 North 32nd Street #110F, Phoenix, Arizona 85032, United States

Phone: +1 (602) 675-2333
Email: [email protected]

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