Legal service of process must be executed correctly. If done improperly, it can be challenged, delayed, or even dismissed. When process servers make mistakes, cut corners, or break the law, service becomes invalid—leading to major legal consequences for the case.
Here are the most common reasons for improper service and how they can destroy a lawsuit.
1. Serving the Wrong Person
A process server must verify the recipient’s identity. Serving the wrong person invalidates service entirely.
Common mistakes:
Confusing relatives or roommates with the intended recipient.
Serving a coworker instead of the defendant at their workplace.
Leaving documents with someone who isn’t legally authorized to accept them.
If the wrong person is served, the defendant has not been legally notified—which can lead to case dismissal.
2. Failing to Properly Identify the Defendant
Some process servers don’t confirm the recipient’s identity, leading to false claims of service.
Best practices to avoid this mistake:
Request an ID check before serving (if allowed by law).
Verify appearance with photos or descriptions.
Document service with video or photos (where legally permitted).
If a defendant wasn’t actually served, they can challenge the service—and they will win.
3. Leaving Papers with an Unauthorized Person
Some states allow substituted service (leaving papers with someone else), but only under strict conditions.
Who CAN accept service:
A spouse or adult resident of the defendant’s household.
A front desk employee at a business (if state law allows).
An employer (only if legally permitted).
Who CANNOT legally accept service:
Children or minors in the home.
Neighbors or friends.
Coworkers (unless legally authorized).
If an unauthorized person accepts service, it’s invalid, forcing a restart of the case.
4. The Process Server Can Be Sued for Damages
If improper service causes harm, the process server (or their company) can be sued for damages.
Examples of When a Process Server Can Be Sued:
Violating someone’s privacy or harassing them.
Causing emotional distress through illegal or reckless serving tactics.
Trespassing or damaging property while attempting service.
Falsely claiming someone was served when they weren’t.
A process server who doesn’t follow the law could find themselves in a courtroom—on the wrong side of a lawsuit.
5. Illegal Trespassing
Process servers cannot break trespassing laws when attempting service.
What process servers CAN do:
Knock on the front door.
Leave documents in an approved manner (per state laws).
Serve in public places (work, events, etc.).
What process servers CANNOT do:
Enter a home or business without permission.
Jump fences, break locks, or sneak onto private property.
Force their way in to complete service.
Trespassing during service can lead to case dismissal—and even criminal charges.
6. Failing to Follow State Service Laws
Every state has specific service rules—violating them can invalidate service.
Common service law violations:
Serving outside legal hours (some states restrict night or weekend service).
Serving on a Sunday or holiday (prohibited in certain states).
Failing to provide proper documentation.
Ignoring requirements like GPS tracking (e.g., in NYC).
If a process server ignores state laws, service can be quashed in court.
7. Lying on the Affidavit of Service (Perjury)
The affidavit of service is a sworn legal document—lying on it is perjury, a felony offense.
Examples of false affidavits:
Claiming a defendant was served when they weren’t.
Falsifying the date or time of service.
Stating personal service was completed when papers were only mailed.
False affidavits can lead to criminal charges, case dismissals, and jail time.
8. Coercion or Harassment During Service
Process servers cannot use intimidation, threats, or force.
Illegal tactics that invalidate service:
Forcing someone to take papers.
Threatening arrest or legal consequences.
Violating privacy or safety during service.
If service is coerced, it’s invalid, and the process server could face criminal prosecution.
9. Serving the Defendant After the Case Deadline
Every case has a service deadline—if missed, the case may be dismissed.
Common deadline issues:
Service must be completed within a set time after filing.
Delays in service may force the plaintiff to refile.
Some courts require proof of service by a deadline.
Even correct service is void if it’s done too late.
10. Process Server Impersonating Law Enforcement
A process server is NOT a police officer—pretending to be one is illegal.
What constitutes impersonation?
Wearing a fake badge or uniform.
Claiming police authority.
Telling defendants they are “legally required” to accept papers.
Impersonating an officer can lead to felony charges and immediate case dismissal.
Final Takeaway: Improper Service Can Kill a Case & Lead to Legal Consequences
A lawsuit is only as strong as its foundation—if service is improper, the case could be dismissed.
Top reasons for improper service:
Serving the wrong person.
Leaving papers with someone unauthorized.
Trespassing or serving in a restricted area.
Failing to follow state laws or deadlines.
Lying on affidavits (perjury).
Using threats, coercion, or impersonation.
Consequences of improper service:
Motion to quash service (forcing the case to restart).
Case dismissal if service isn’t corrected.
Sanctions against the process server.
Criminal charges for fraud, perjury, or trespassing.
Related Topics for Further Insight:
🔹 How Improper Service Can Lead to the Dismissal of a Case
Find out how courts handle cases where improper service has violated due process.
🔹 How to Prove Improper Service and Challenge It in Court
Learn the legal strategies for contesting faulty service and protecting your rights.
🔹 How Improper Service Can Kill a Lawsuit by Running Out the Statute of Limitations
Discover how improper service can cause critical legal deadlines to expire—eliminating a plaintiff’s right to sue.
🔹 The Financial Cost of Improper Service: Avoid Costly Mistakes
Explore the financial repercussions of process server mistakes and how to prevent them.
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Phone: +1 (602) 675-2333
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