Service of process is the foundation of any legal case. If the defendant is not properly served, the lawsuit can be dismissed before it even begins.
Even worse, if you win but service was improper, the defendant may later challenge the judgment—jeopardizing your entire case.
So, what are the most common service of process mistakes, and how can you avoid them?
Let’s break it down.
1. Serving the Wrong Person
If you serve the wrong individual, the lawsuit is invalid—period.
- You must serve the named defendant or someone legally authorized to accept service.
- For businesses, this usually means serving the registered agent or an authorized representative.
- For government agencies, there may be specific officials who must be served.
Example:
A landlord sues a tenant but mistakenly serves their roommate instead.
The tenant never receives notice, challenges the default judgment, and wins.
Result: Case dismissed for improper service.
Solution: Always verify who you’re serving before proceeding.
2. Failing to Follow State-Specific Rules
Every state has different service of process rules. If you don’t follow them, your case can be thrown out.
- Some states require personal service—documents must be handed directly to the defendant.
- Others allow substituted service (e.g., leaving documents with a family member or coworker).
- Some states require an additional mailing after in-person service.
Example:
A process server in New York leaves legal documents with a receptionist at the defendant’s workplace.
However, New York law requires personal service first before substitute service is allowed.
Result: Service is ruled invalid, and the case is dismissed.
Solution: Check your state’s service of process rules before proceeding.
3. Serving at the Wrong Address
If the defendant no longer lives or works at the address where they were served, the case can be delayed—or dismissed.
- Verify the defendant’s current residence or business location.
- Use skip tracing (public records, credit reports, online activity) if necessary.
- If the defendant is evading service, request alternative service methods from the court.
Example:
A lawsuit is served at a defendant’s old apartment, but they moved out months ago.
The defendant never receives the documents, and the court later invalidates the service.
Solution: Always confirm the defendant’s current address before attempting service.
4. Using an Unauthorized Process Server
Some states require process servers to be licensed or court-appointed. If you use the wrong person, service is invalid.
- Many states require a licensed process server, sheriff, or court-appointed individual.
- Some states allow any adult over 18 who is not a party to the case.
- Self-service is almost never allowed—a plaintiff cannot serve papers in their own case.
Example:
A plaintiff in California asks a friend to serve legal documents.
However, California law requires a licensed process server.
Result: Service is invalid, and the case is dismissed.
Solution: Check your state’s process server requirements before serving papers.
5. Failing to File Proof of Service
Even if service is completed correctly, failing to file proof with the court can get your case dismissed.
- The process server must complete an affidavit of service (or proof of service document).
- This document must be filed with the court before the deadline.
- If proof of service is missing, the judge may refuse to proceed with the case.
Example:
A defendant claims they were never served—even though a process server delivered the documents.
Since the plaintiff never filed proof of service, the court has no record of proper service.
Result: The judge dismisses the case.
Solution: Always ensure proof of service is completed and filed immediately.
6. Serving at a Legally Restricted Time or Place
Laws regulate when and where service can occur—violating these rules can make service invalid.
- Some states prohibit serving on Sundays or holidays.
- Some have time restrictions (e.g., no service before 6 AM or after 10 PM).
- Certain locations—such as courthouses, places of worship, or hospitals—may have special service restrictions.
Example:
A process server in Texas serves a defendant on a Sunday, violating state law.
The defendant challenges the service, and the judge dismisses the case.
Solution: Know the legal restrictions in your state before serving documents.
7. Improper Substitute Service
Substitute service must follow strict legal requirements.
- Some states allow serving a family member, roommate, or coworker, but they must be a responsible adult (18+).
- Many states require multiple attempts at personal service before allowing substitute service.
- Some states require you to mail a copy after substitute service is used.
Example:
A process server in Florida leaves lawsuit papers with a neighbor instead of a household member.
However, Florida law does not allow neighbors to accept service.
Result: The defendant challenges the service and wins.
Solution: If using substitute service, double-check that it meets legal requirements.
8. Serving by Publication Without Court Approval
If a defendant cannot be found, you may need to serve by publication—but only if approved by the court.
- Courts require proof of attempted personal service before allowing service by publication.
- The publication must appear in a court-approved newspaper or other legal platform.
- If you publish in the wrong newspaper or without approval, the service is invalid.
Example:
A plaintiff places a legal notice in a blog, assuming it qualifies as service by publication.
The defendant never sees it, and the court later dismisses the case for improper service.
Solution: Always obtain court approval before using service by publication.
How to Ensure Service of Process Is Valid
- Verify the correct defendant and address before attempting service.
- Use a licensed process server if required in your state.
- Follow state-specific service rules and deadlines.
- File proof of service with the court immediately.
- Double-check that substitute service (if used) follows legal requirements.
- If the defendant is evading service, request alternative service methods.
Pro Tip:
If the defendant is hard to find, use skip tracing, social media tracking, and court-approved alternative service options.
Because in legal cases, improper service means you lose before you even start.
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