The Process Server (TPS) How Contempt of Court Applies to Process Servers Who Fail to Comply

Process servers play a critical role in the legal system, ensuring that court documents are properly delivered. However, when a process server fails to follow legal requirements—whether through negligence, misconduct, or fraud—they can face contempt of court charges.

Being found in contempt can lead to fines, suspension, or even jail time. Courts do not take violations lightly.

Here’s how contempt of court applies to process servers who fail to follow the law.

1. What Is Contempt of Court for a Process Server?

Contempt of court occurs when a process server disobeys legal requirements, disrupts proceedings, or intentionally violates service rules. This can be classified into:

  • Direct Contempt – When a process server refuses to follow a judge’s order, such as ignoring a subpoena to testify.

  • Indirect Contempt – When a process server falsifies an affidavit of service, improperly serves documents, or lies about service.

  • Criminal Contempt – When a process server's actions rise to the level of criminal behavior, such as perjury or obstruction of justice.

Contempt isn’t just a minor infraction—it can lead to serious legal penalties.

2. Common Reasons Process Servers Face Contempt Charges

Contempt charges are typically issued when a process server’s actions obstruct justice. The most common violations include:

  • Falsifying an Affidavit of Service – Lying about a serve is perjury, a felony offense in most states.

  • Improper or Incomplete Service – Failing to follow proper service rules can result in a motion to quash service and a contempt ruling.

  • Ignoring a Subpoena to Testify – Courts may order process servers to testify about service attempts. Refusing to comply is contempt.

  • Interfering with Due Process – Intentionally avoiding service to delay a case can lead to court intervention.

  • Trespassing or Harassment – Violating property laws or engaging in threats may result in legal consequences.

A judge won’t hesitate to issue contempt charges if a process server disrupts or undermines the legal process.

3. What Are the Penalties for Contempt of Court?

Penalties depend on the severity of the violation, but consequences can be harsh.

Civil Contempt (Negligence or Rule Violations)

  • Fines – Penalties may range from $500 to $5,000 or more.

  • License Suspension – A process server can lose their certification or be banned from serving in certain jurisdictions.

  • Court-Ordered Compliance – The server may be required to redo service under strict court supervision.

Criminal Contempt (Fraud, Perjury, or Intentional Misconduct)

  • Perjury Charges – Falsifying service documents can lead to felony perjury charges.

  • Jail Time – Process servers caught lying to the court may face 6 months to 5 years in prison.

  • Permanent Disqualification – Servers found guilty of criminal contempt may be permanently banned from the profession.

Courts take fraudulent service very seriously—violators can face career-ending consequences.

4. What Happens When a Process Server Is Found in Contempt?

If a court believes a process server has violated service laws, the following steps typically occur:

Step 1: Motion to Quash Service

  • The defendant challenges the validity of service.

  • If improper service is proven, the court may invalidate the service attempt.

Step 2: Investigation & Hearing

  • The court may subpoena the process server to explain their actions.

  • If evidence proves fraud, the server may be held in contempt.

Step 3: Penalty Enforcement

  • The judge may impose fines, suspension, or jail time, depending on the severity of the violation.

  • The case may need to be re-served properly, delaying the entire legal process.

Courts move quickly when legal service is compromised—judges won’t hesitate to enforce penalties.

5. How Process Servers Can Avoid Contempt Charges

Professional process servers take key steps to stay compliant and avoid legal trouble:

  • Follow state laws exactly – Every jurisdiction has unique rules—know them.

  • Keep accurate records – Document service attempts with GPS tracking, timestamps, and photos.

  • Never falsify an affidavit – Lying on an affidavit can lead to felony charges and jail time.

  • Be professional & ethical – Avoid aggressive behavior, trespassing, or improper tactics.

  • Respond to subpoenas & court requests – If called to testify, cooperate fully to avoid contempt charges.

Doing the job correctly eliminates legal risks—cutting corners can end a career.

Final Takeaway: Contempt of Court Can End a Process Server’s Career

Process servers are trusted to uphold legal service—when they fail, courts take swift action.

  • Falsifying service = Perjury charges, felony convictions, and jail time.

  • Improper service = Motions to quash, case delays, and monetary penalties.

  • Ignoring court orders = Fines, license suspension, or permanent disqualification.

  • Trespassing & harassment = Potential criminal charges & contempt rulings.

Related Topics to Strengthen Your Knowledge:

🔹 Consequences of an Arizona Process Server Failing to Follow Legal Requirements

Learn how Arizona enforces strict legal standards for process servers and the consequences of non-compliance.

🔹 Legal Penalties for Process Servers Who Fail to Follow the Rules

Understand the fines, disciplinary actions, and potential legal trouble process servers may face for violations.

🔹 How Improper Service Can Destroy Legal Proceedings

Discover how errors in process serving can lead to dismissed cases, retrials, and other serious legal setbacks.

🔹 What to Do If a Process Server Violates Service Rules

Find out what legal steps can be taken when a process server fails to comply with service regulations.

🔹 Jurisdictions with the Strictest Regulations for Process Servers

Explore which states have the most stringent process serving laws and how they impact legal cases.

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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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Phone: +1 (602) 675-2333
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