A process server’s job is to deliver legal documents properly. But what if they break the rules?
Improper service, false affidavits, harassment, or coercion can jeopardize a defendant’s rights and lead to unfair legal consequences. Defendants don’t have to accept improper service. If a process server fails to follow the law, there are ways to fight back, challenge the service, and even take legal action against the server.
Here’s how defendants can protect themselves when a process server violates the rules.
1. Document Everything Immediately
If a process server does something illegal, the first step is gathering solid evidence.
Key things to document:
Date, time, and location of the service attempt.
How the process server behaved (aggressive, deceptive, etc.).
What was said during the interaction.
Any legal violations (trespassing, coercion, false claims).
Best forms of evidence:
Security camera footage or doorbell cam recordings.
Witness statements (neighbors, family, co-workers).
Phone call logs or emails from the process server.
Screenshots of texts, social media, or other digital communication.
If you catch a process server breaking the law on camera, they can’t deny it.
2. DO NOT Accept Papers If Service Is Improper
If the process server doesn’t follow the law, you may have the right to refuse service.
You CAN refuse papers if:
The process server doesn’t identify themselves or explain the purpose of service.
They try to force papers into your hands illegally.
They trespass onto private property or break into a restricted area.
You CANNOT refuse service if:
They serve you legally in person.
They follow the proper procedure under state law.
They leave the documents properly via alternative service (posting, mail, etc.).
Refusing illegal service doesn’t mean avoiding the case—it just means forcing them to do it legally.
3. File a Motion to Quash Service in Court
If a process server violated the rules, you can file a motion to quash (invalidate) the service.
A Motion to Quash is a formal request to:
Throw out the service attempt because it was improper.
Delay the case until proper service is completed.
Prevent a default judgment if you weren’t properly served.
Grounds for a Motion to Quash:
The process server lied about serving you.
You were served improperly (wrong person, wrong method, or wrong location).
The process server used fraud, coercion, or trespassing to serve papers.
A successful Motion to Quash forces the plaintiff to restart service legally—buying you time.
4. File a Complaint Against the Process Server
Process servers must follow state laws—if they don’t, you can report them.
Where to file a complaint:
State Licensing Board (if the process server is certified).
Court Clerk’s Office (if the process server was court-appointed).
Attorney General’s Office (if fraud or misconduct occurred).
Better Business Bureau (BBB) (if they work for a private firm).
Common process server violations:
Falsifying an affidavit of service (perjury).
Serving someone illegally (wrong method, wrong location).
Using threats, harassment, or force to complete service.
Pretending to be law enforcement.
A complaint can lead to fines, suspension, or even a permanent ban from the profession.
5. File a Police Report for Criminal Violations
If a process server breaks the law, report them to the police.
Criminal charges may apply if they:
Commit perjury (falsify service documents).
Trespass on private property after being told to leave.
Harass or threaten you while attempting service.
Impersonate law enforcement to intimidate you.
Provide police with:
Any video, photos, or witness statements you collected.
Copies of the court documents related to service.
The process server’s name and company (if known).
If the process server committed a serious crime, they could be arrested and face legal consequences.
6. Sue the Process Server for Damages
If a process server’s misconduct caused you harm, you may have grounds for a lawsuit.
You can sue for:
Wrongful default judgment (if false service led to court action against you).
Emotional distress (if they harassed or threatened you).
Trespassing (if they unlawfully entered your property).
Defamation (if they made false claims about your legal obligations).
Lawsuit outcomes could include:
Financial compensation for damages.
Court-ordered disciplinary action against the process server.
Permanent ban from the profession for repeated violations.
A process server who abuses their power can be held accountable in court.
7. Hire an Attorney to Challenge the Service
If you’re unsure how to fight improper service, consult a lawyer immediately.
An attorney can:
File a Motion to Quash service and delay the case.
Challenge any legal consequences of fraudulent service.
Help you file complaints or lawsuits against the process server.
Advise you on how to proceed without accidentally defaulting.
A legal expert ensures your rights are protected and that service violations don’t hurt your case.
Final Takeaway: Defendants Have Rights—Don’t Let an Improper Process Server Violate Them
Process servers must follow the law—if they break it, defendants can fight back.
Steps to Take:
Document everything – Videos, photos, witness statements = solid proof.
Refuse illegal service – If it’s improper, don’t accept the papers.
File a Motion to Quash – Stop a case from moving forward on false service.
Report the process server – File complaints with licensing boards & courts.
Call the police – If harassment, trespassing, or fraud occurred.
Sue for damages – If the process server’s actions harmed you.
Consult a lawyer – Protect your rights and ensure proper legal action.
Bad service doesn’t mean a case is lost—fight back, hold the process server accountable, and protect your legal rights.
Related Topics for Further Insight:
🔹 Penalties for Process Servers Who Misuse Their Authority
Explore the legal repercussions process servers face when they overstep their professional boundaries.
🔹 How State Laws Penalize Process Servers for Improper Service
Learn how different state laws hold process servers accountable for failing to follow proper service procedures.
🔹 Can a Process Server Face Criminal Charges?
Discover under what circumstances a process server’s actions can escalate to criminal liability.
🔹 Consequences for a Process Server Who Uses Coercion During Service
Find out how courts handle process servers who use intimidation, threats, or deceptive tactics to serve documents.
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Phone: +1 (602) 675-2333
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