What Happens if a Process Server Serves the Wrong Person?

If a process server serves the wrong person, the service is legally invalid, and the case cannot proceed until the correct individual is properly served. The wrong recipient has no obligation to respond, and the plaintiff must re-serve the legal documents, which can result in wasted time, additional costs, and even case dismissal if not corrected promptly. That’s why it’s so important to work with an experienced process server who can get it right the first time.

At On-Call Legal Process Servers, we know how costly and frustrating improper service can be. With over 16 years of experience, our nationwide process servers use proven strategies, strict legal procedures, and advanced tracking tools to ensure every document reaches the right person on time. Schedule a free consultation with us and let’s help deliver your documents without stress.

This blog explains what can happen when a process server serves the wrong person, why this occurs, and what steps you can take to resolve the situation.

Common Reasons a Process Server Might Serve the Wrong Person

Even though process servers are trained to follow strict procedures, mistakes can still happen. Here are some of the most frequent reasons a process server might deliver documents to the wrong recipient.

1. Mistaken Identity: Process servers usually serve court documents to the names and addresses provided by the plaintiff. If someone else has the same or a very similar name, or if they live at or near the same address, the server may mistakenly assume they’re the right recipient.
2. Outdated or Incorrect Address Information: If the defendant has moved and the plaintiff did not have updated information, the process server may serve whoever is currently living at the listed address. This is one of the most frequent causes of serving the wrong person.
3. Lack of Proper Identification: In some cases, the server may not ask for or verify identification, especially if the person confirms the name out of confusion or by mistake. When that happens, the wrong person might accept documents not intended for them.
4. Pressure to Complete Service Quickly: Process servers often work under strict deadlines. If they are rushing or under pressure, they may fail to double-check details, increasing the risk of error.
5. Miscommunication or Bad Information: Sometimes, the plaintiff, attorney, or investigator provides inaccurate details, such as wrong descriptions, workplace information, or physical characteristics. In some cases, evasive defendants may also provide wrong details to divert the server and avoid or delay proper service. This may lead the process server to deliver papers to the wrong individual.

What Happens if a Process Server Serves the Wrong Person

Courts require that the correct defendant be properly notified before a case can proceed. When a process server delivers court papers to the wrong individual, the service of process is legally invalid. So, the serving party has to make fresh efforts to serve the correct recipient. Let’s discuss in detail the potential outcomes of serving the wrong person.

• The Case Cannot Move Forward Properly – For a lawsuit to begin, the defendant must be officially notified. If the wrong person is served, the court does not yet have the authority to make decisions about the case. This means the plaintiff will have to fix the mistake before anything can proceed.
• The Wrong Person Has No Legal Obligation – If someone who is not the defendant receives the papers, they do not have to respond. They are not legally tied to the legal proceeding and cannot be held responsible just because they were mistakenly served. Courts understand that mistakes happen, so the wrong person is not at risk of judgment or penalties.
• The Plaintiff Has to Re-Serve the Papers – Once they find out the mistake, the plaintiff must locate and properly serve the correct defendant using proper methods of service. Until the right person receives the papers, the court does not recognize the service. In many cases, the judge will set deadlines for re-serving the documents related to the same case.
• The Plaintiff Spends Extra Costs and Time – Serving legal papers often requires process server fees, scheduling, and paperwork. If the wrong person is served, the plaintiff has to pay again for another attempt. This not only costs money but also delays the case, which can be frustrating and expensive for the party bringing the lawsuit.
• There Is a Risk of Case Dismissal – If the correct defendant is not served on time, or if repeated mistakes keep happening, the judge may dismiss the court case altogether. This means the plaintiff would lose the chance to move forward with the legal process, at least until they file again.
• The Process Server May Face Possible Consequences – If there’s invalid service because the process server was careless, like failing to check identification or ignoring clear instructions, their work may be questioned. Some courts or attorneys may stop using that server, and in rare cases, a complaint could be filed against them for negligence.

How Much Can Insufficient Service Delay Your Case?

When there is an incorrect or incomplete delivery, the entire case can be put on hold until the mistake is fixed. If the parties involved discover the error quickly and re-serve the papers correctly, the delay may only be a few days or weeks. However, if the plaintiff struggles to find the correct person or repeatedly makes mistakes in the process service, the case could be delayed for several months.

In some situations, the defendant may challenge or file a motion to quash service long after the papers were delivered. If they can prove improper or ineffective service, the court may reverse hearings or rulings that have already taken place, causing even more delays. This is why proper service of process is one of the most important first steps in any lawsuit.

What to Do if Your Process Server Served the Wrong Person

If you discover that your court papers were served incorrectly, you can still correct the situation. The key is to act quickly and follow the proper steps so the mistake does not affect your case. Here are some guidelines to help you.

First, confirm the mistake. Sometimes, confusion arises if the correct defendant lives with family, roommates, coworkers, or someone who can accept process service on their behalf. So, verify that the person who received the papers is truly the wrong person. Review the server’s affidavit of service and compare it with what actually happened.

Then, notify your attorney immediately. Attorneys understand court deadlines and what to do to prevent your case from being dismissed because of court papers served incorrectly. For example, the California court deadlines for process service which is usually 60 days from the time the lawsuit is filed. If you miss this deadline, your case could be dismissed.

The most important step is to re-serve the correct person as soon as possible. You may need to hire a different process server or provide more accurate information. If the defendant is avoiding service, you might need to hire private investigative services that can use advanced techniques like skip tracing to locate the defendant.

If personal service fails after a reasonable number of attempts, you can seek the court’s permission to use substituted service. You can also serve by certified mail if it’s allowed by law. If every other approved method of service fails, you can use service by publication as a last resort.

Meanwhile, document everything throughout the process. Keep a record of the mistake, including affidavits, correspondence, and proof of the corrected service. This documentation may protect you if the defendant later tries to prove they were not served properly.

Can You Hold a Process Server Accountable for Serving the Wrong Person?

Yes, you can hold a process server accountable for an incorrect or incomplete delivery. But it depends on whether improper service was an honest mistake or due to their negligence.

An honest mistake, such as wrong service due to misinformation or an outdated address, may not result in any major consequences. On the other hand, obvious or avoidable negligence while serving process can make the process server liable for damages.

For example, if a professional process server fails to verify the recipient’s identity or ignores clear instructions, they may be considered negligent. And if the negligence causes serious harm to your case, such as dismissal or costly delays, you may have grounds to file a complaint or even seek damages.

Common process service mistakes that can potentially make them liable for damages include:

• Serving the wrong person without checking identification
• Falsifying an affidavit of service
• Ignoring court rules or deadlines
• Serving at an unauthorized place
• Attempting service at hours prohibited by law
• Failing to make reasonable attempts to locate the defendant

In some states, process servers must be licensed or registered. This means they could also face disciplinary action or lose the ability to work if they show a pattern of misconduct. To avoid legal issues with process servers, it’s best to hire an experienced process server with a track record of success in providing valid service in your jurisdiction.

How to Hire a Reliable Process Server to Avoid Improper Service

Since incorrect service can cause serious consequences, it’s important to learn how to hire a process server with experience, professionalism, and attention to detail. Here are some guidelines to help you hire a reliable process server.

• Check licensing and credentials. In many states, process servers must be licensed, registered, or certified to serve papers. Always verify that the server meets your state’s requirements and has the proper credentials to serve court documents. Additionally, belonging to professional bodies like the National Association of Professional Process Servers (NAPPS) is a good sign that they’re compliant with industry regulation.
• Look for experience and reputation. Experienced servers know how to locate hard-to-find defendants, handle evasive situations, and follow strict legal procedures. Reading client testimonials, asking for referrals, or checking with local attorneys can help you find someone trustworthy.
• Ask about their process. A reliable process server should explain how they plan to serve the papers and what steps they take to verify the defendant’s identity. Their answers can give you confidence that they won’t cut corners.
• Confirm affidavit and documentation practices. After completing service, the server must provide a signed affidavit that is used to file proof of service. Make sure the person you hire has clear procedures for preparing proper documentation, since this will be filed with the court.
• Evaluate communication and professionalism. A good process server should be responsive, professional, and easy to reach. Poor communication can be a red flag, especially if deadlines are tight. Choose someone who provides updates and is willing to answer your questions along the way.

Need an Experienced Process Server?

Serving the wrong person can derail your legal proceeding, causing delays, extra costs, and even possible dismissal of the case. To avoid these setbacks, confirm the error early, notify your attorney, re-serve the correct person as soon as possible, and keep records of every attempt. Most importantly, working with a trusted process server from the start can save you from costly mistakes and legal complications.

If you need reliable, licensed process servers in California to serve your legal documents correctly and on time, On-Call Legal Process Servers are here to help. We also provide all-inclusive legal support services, such as obtaining, preparing, serving, and documenting your court papers quickly and accurately. Contact us today to schedule a free consultation.

Frequently Asked Questions

With over 16 years of experience in the legal services industry, we’ve provided comprehensive answers to some of the most common questions you may have about improper service process.

What Happens if a Process Server Serves a Family Member by Mistake?

If a process server delivers papers to a family member instead of the defendant, the service may not be valid unless it meets state rules about substitute service at the defendant’s residence. Otherwise, the defendant has not been properly notified, and the plaintiff may need to re-serve the papers.

Can a Process Server Be Sued for Serving the Wrong Person?

A process server can sometimes be held accountable if they act carelessly, such as filing a false service form or failing to verify identity. However, most cases are corrected by re-serving the right person, and lawsuits against servers are less common unless the mistake causes serious harm.

How Often Do Process Servers Make Mistakes in Serving Documents?

Mistakes are not extremely common, but they do happen, often because of outdated addresses or mistaken identity. Courts take these issues seriously because errors can affect due process in a legal action and delay the case.

What Happens if the Person Served Refuses to Accept the Documents?

If someone refuses the papers, many states allow the server to leave them nearby and document the attempt. As long as the server followed the rules, the person is considered properly notified, even if they did not take the documents in hand.

What Do You Do if You Suspect Improper Service?

If you believe you were improperly served, you can challenge it in court by showing evidence to prove improper service. This could delay a court date or even stop a default judgment if you were never properly notified of the lawsuit.

Can Serving the Wrong Person Be Used as a Defense in a Case?

Yes. If the defendant was not served properly, they can file a motion to dismiss for insufficient service of process. In some situations, this defense can even overturn a default judgment if the court agrees that the process service was defective.