The Process Server (TPS) Can a Defendant Challenge Service of Process Even If They Received the Documents?

A defendant can challenge service if any of the following issues exist:

1. The Service Was Improper or Defective

Even if the defendant received the papers, the law requires service to be done correctly.

• The process server must follow legal requirements.
• Wrong method, wrong person, or wrong location = INVALID SERVICE.
• Some states allow only personal service (meaning the defendant must be handed the papers directly).
• Some states require additional steps, like mailing a second copy.

Example:

A process server in New York leaves legal papers with a receptionist at the defendant’s job.

Later that day, the defendant gets the documents.

However, New York law requires personal service first before substitute service.

The defendant challenges service, and the court dismisses the case.

Even if they got the papers, improper service = no case.

2. The Process Server Wasn’t Authorized

Many states require process servers to be licensed or court-appointed.

• If the person serving the documents was not legally authorized, service is invalid.
• Some states only allow sheriffs, registered process servers, or court-appointed individuals to serve papers.

Example:

In California, process servers must be licensed for high-volume service cases.

The plaintiff asks a friend to deliver the papers instead.

The defendant files a Motion to Quash Service, arguing that the server wasn’t legally authorized.

The judge agrees—and dismisses the case.

If the person serving papers isn’t authorized, the case can fall apart.

3. The Defendant Was Served at an Improper Location or Time

Laws regulate when and where process servers can deliver legal documents.

• Some states prohibit service at places like religious institutions, funerals, or court hearings.
• Some states ban Sunday or holiday service.
• Some states restrict service times (e.g., no late-night service).

Example:

A defendant in Texas is served at church on a Sunday morning.

However, Texas law prohibits Sunday service.

The defendant challenges service—and wins.

If the law says “No service here,” the case can be dismissed.

4. Service Wasn’t Properly Documented

No proof of service? No case.

• A process server must file an affidavit of service (a sworn statement proving service was completed).
• If there’s no affidavit or it contains errors, the defendant can argue service was invalid.

Example:

A process server delivers the lawsuit but forgets to file proof of service with the court.

The defendant denies receiving the documents and files a Motion to Dismiss.

Since the court has no official record of service, the judge throws out the case.

No affidavit = no proof = no valid service.

5. Substituted Service Was Used Incorrectly

Substituted service (leaving papers with someone else) must follow strict legal rules.

• Many states require multiple failed attempts at personal service before allowing substitute service.
• Some states require a second copy to be mailed after substitute service.
• If these steps aren’t followed, the defendant can challenge service.

Example:

A process server in Florida leaves court papers with a neighbor instead of the defendant.

The server didn’t attempt personal service first and didn’t mail a copy afterward.

The defendant challenges service, and the court rules it invalid.

Skipping steps in substitute service can lead to dismissal.