Absolutely. Process servers must follow strict legal guidelines. When they break the rules, they don’t just risk fines or lawsuits—they can face criminal charges, jail time, and even permanent disqualification from the profession.
Depending on the severity of the violation, a process server can be charged with:
Perjury
Fraud
Trespassing
Harassment
Obstruction of justice
Here’s how criminal charges apply to process servers who violate service rules.
1. Perjury Charges for Falsifying an Affidavit of Service
Submitting a false affidavit is a serious crime.
Affidavits of service are sworn legal documents—lying on one is considered perjury.
Most states classify perjury as a felony, punishable by:
Up to 5 years in prison
Fines up to $10,000
A permanent criminal record
If a process server lies about serving someone, they could end up behind bars instead of in the field.
2. Fraud Charges for Fake or Improper Service
Fraud occurs when a process server deliberately engages in deceptive practices.
Common fraudulent acts include:
Serving the wrong person and lying about it.
Filing a false affidavit without actually attempting service.
Backdating service records to manipulate court deadlines.
Potential criminal charges:
Forgery (Felony): Altering legal documents.
Tampering with evidence (Felony): Falsifying records in a legal case.
Obstruction of justice (Felony): If false service interferes with a trial.
Courts take legal fraud seriously—one false move and a process server could be facing felony charges.
3. Trespassing & Unlawful Entry
Process servers have the right to deliver legal documents, but they must follow trespassing laws.
What process servers CANNOT do:
Enter a home or business without permission.
Jump fences or sneak through windows.
Ignore “No Trespassing” signs.
Trespassing charges depend on the severity:
Misdemeanor Trespassing: Up to 1 year in jail + fines.
Felony Trespassing: Breaking into a property could lead to multiple years in prison.
A process server isn’t above the law—trespassing can lead to immediate arrest.
4. Harassment, Stalking, or Threats
Process servers must act professionally—if they harass or intimidate someone, they can be charged with a crime.
Illegal conduct includes:
Threatening someone with violence or legal consequences.
Repeatedly visiting a person’s home or workplace to intimidate them.
Following someone excessively after failed service attempts.
Penalties:
Misdemeanor Harassment: Up to 1 year in jail.
Felony Stalking: Multiple years in prison for repeated offenses.
Serving papers doesn’t give a process server the right to act aggressively—crossing the line leads to criminal charges.
5. Criminal Impersonation of Law Enforcement
Some process servers try to intimidate people by pretending to be police officers—this is illegal.
Examples of impersonation:
Flashing a fake badge or uniform.
Claiming to be a sheriff or police officer.
Threatening legal action they have no authority to enforce.
Penalties:
Felony charges in most states.
Up to 10 years in prison.
Heavy fines and a permanent criminal record.
Trying to act like a cop is a fast way for a process server to end up in real handcuffs.
6. Contempt of Court for Interfering with Legal Proceedings
If a process server’s actions disrupt the legal process, a judge can charge them with contempt of court.
Ways a process server can be held in contempt:
Failing to complete service properly, causing case delays.
Lying in court about a service attempt.
Ignoring a subpoena to testify about a disputed service.
Penalties:
Fines ranging from $500 to $5,000.
Jail time for repeated violations.
Permanent disqualification from serving legal documents.
If a judge holds a process server in contempt, they can be jailed on the spot.
7. Conspiracy or Obstruction of Justice
If a process server collaborates with others to commit fraud, they could face conspiracy charges.
Conspiracy occurs when:
A process server knowingly participates in falsifying service for a case.
Multiple people collaborate to obstruct justice through improper service.
Obstruction of justice is a serious felony with penalties including:
Up to 20 years in prison for federal cases.
Severe fines and legal penalties.
If a process server works with others to manipulate legal proceedings, they risk felony prosecution.
8. Financial Penalties & Civil Lawsuits
In addition to criminal charges, process servers can be sued for improper service.
Potential lawsuits include:
Wrongful service leading to a default judgment.
Emotional distress from harassment or aggressive tactics.
Financial losses due to case delays or dismissals.
A bad process server can end up paying thousands—or losing their entire business.
Final Takeaway: Yes, Process Servers Can Face Criminal Charges
When a process server violates legal service rules, the consequences aren’t just professional—they can be criminal.
Perjury (Felony): Lying on an affidavit can lead to years in prison.
Fraud (Felony): Fake service attempts can result in heavy fines and criminal records.
Trespassing (Misdemeanor/Felony): Entering private property illegally can mean jail time.
Harassment or Stalking (Misdemeanor/Felony): Intimidation tactics can lead to criminal charges.
Impersonation of Law Enforcement (Felony): Pretending to be a cop is a serious crime.
Contempt of Court (Misdemeanor/Felony): Obstructing justice can land a process server in jail.
Conspiracy Charges (Felony): Working with others to manipulate service can lead to decades in prison.
Related Topics for Further Insight:
🔹 Penalties for Process Servers Who Misuse Their Authority
Learn what happens when process servers abuse their power or engage in unethical practices.
🔹 How State Laws Penalize Process Servers for Improper Service
Explore how different states enforce penalties on process servers who fail to follow legal service procedures.
🔹 Consequences for a Process Server Who Uses Coercion During Service
Find out how threats, intimidation, or deceptive practices during service can lead to legal trouble.
🔹 How Defendants Can Protect Themselves If a Process Server Violates the Rules
Understand the legal actions individuals can take if they are victims of improper or illegal service.
Testimonials from Our Clients
What Clients Say About Our People-First Approach
Legal & Professional Process Serving No Shortcuts, No Excuses
Need a process server who gets the job done legally and professionally? Call The Process Server (TPS). No shortcuts. No excuses.
"*" indicates required fields
Ready to Talk?
Journey with The Process Server (TPS) and experience the simplicity and comprehensiveness of expert legal support by TPS.
We're here to assist you with any legal support services you may require.
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]
For further details, please refer to the Justice Courts Case Search.