Process servers are required to follow the law when serving legal documents.
But what if they don’t?
A process server who trespasses, harasses, lies, or serves documents improperly can face serious legal consequences—and you have the right to take action.
Here’s what you need to know.
What Counts as a Process Server Violation?
Not every bad experience with a process server is illegal.
However, some actions violate your rights and may result in legal penalties for the server.
1. Trespassing
A process server cannot:
- Enter your home, gated property, or secured workplace without permission.
- Ignore "No Trespassing" signs.
- Sneak into your backyard, garage, or other private areas to serve papers.
Legal Consequences:
- Civil Lawsuit – You can sue for invasion of privacy.
- Criminal Charges – In some states, trespassing is a criminal offense.
2. Harassment or Threats
A process server cannot:
- Use aggressive, intimidating, or threatening language.
- Show up repeatedly at odd hours to cause distress.
- Physically confront you or force documents into your hands.
Legal Consequences:
- Harassment Laws – You may be able to file a restraining order or criminal complaint.
- Lawsuit for Emotional Distress – If the harassment causes mental or emotional harm, you can take legal action.
3. Lying About the Service (Sewer Service Fraud)
A process server cannot:
- Claim they served you when they never did.
- Leave documents with an unauthorized person (such as a child or stranger).
- Forge an Affidavit of Service with false information.
Legal Consequences:
- Challenge the Service in Court – Fraudulent service may lead to a dismissal of the case.
- Criminal Charges for Fraud – Falsifying legal documents is perjury in many states.
If a process server lies about serving you, you can challenge it—and possibly get the case dismissed.
4. Serving You in a Restricted Location
A process server cannot:
- Serve you on Sundays or holidays (restricted in some states).
- Deliver papers in a church, courthouse, funeral, or other protected location.
- Serve you at work if your state prohibits it.
Legal Consequences:
- Challenging the Service in Court – If service happens in an illegal location, the judge may invalidate the service.
- Complaint to State Authorities – A process server may lose their license or face fines.
5. Demanding Money or Personal Information
A process server cannot:
- Say you must pay a fine before receiving papers.
- Ask for your Social Security number, credit card, or bank details.
- Threaten arrest or legal action if you don’t comply.
Legal Consequences:
- Report to Law Enforcement – This could be extortion or fraud, which is a criminal offense.
- File a Lawsuit – If you suffered financial harm, you can sue for damages.
A process server is NOT a debt collector or law enforcement officer. If they demand money, report them immediately.
What to Do If Your Rights Are Violated
If a process server breaks the law or violates your rights, take action immediately.
1. Gather Evidence
- Take photos or videos of the incident.
- Write down the time, date, and details of what happened.
- Get witness statements if others saw the violation.
2. Report the Process Server
- Report to the Court Clerk – If service was illegal, notify the court that issued the papers.
- File a Complaint with the State Licensing Board – If your state requires licensed process servers, they can face fines or suspension.
- Contact Law Enforcement – If the process server committed a crime (trespassing, harassment, fraud), file a police report.
- Notify a Process Serving Association – Groups like NAPPS (National Association of Professional Process Servers) hold members accountable.
If a process server acted improperly, they could lose their ability to serve legal documents.
3. Challenge the Service in Court
If the process server served you illegally, you may be able to invalidate the service.
This can:
- Delay or dismiss the case against you.
- Force the other party to serve you correctly, giving you more time to prepare.
- Expose fraud, which could impact the opposing party’s case.
Hire an attorney to help you file a motion to challenge improper service.
4. Sue for Damages
If a process server caused harm, you may be able to file a lawsuit for damages, including:
- Emotional distress (harassment, intimidation, repeated intrusions).
- Trespassing (if they entered your property unlawfully).
- Defamation (if they falsely accused you of avoiding service).
A process server who breaks the law can be held financially accountable.
Final Takeaway: Protect Yourself & Take Action
A legitimate process server follows the law.
But if they violate your rights, they can face legal and financial consequences.
- Your Rights Matter: A process server cannot trespass, harass, lie, or threaten you.
- If They Cross the Line: Document everything, report them, and challenge improper service.
- Legal Consequences: They can face fines, lawsuits, or even criminal charges.
Justice only works when the process is fair—knowing your rights gives you power.
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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.