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Is the Service of Process void if the process server tells the wrong person about the contents of the summons and complaint ?

Lawsuits And Disputes 3 views 3 answers
The process server left the complaint and summons outside the home of a relative and proceeded to tell her what was in it. He was told that I live in a different state and he should leave her property. Did he violate my right to privacy and trespass ? Does this situation make the service of process void or insufficient ?

Attorney Answers

3
Caryn Fennell ·
First of all, what type of lawsuit is it? Some lawsuits are permitted service by tack and post or by leaving it in the manner you described, but more than likely, the service was not proper. There is no such thing as trespass in this situation or violation of privacy as the contents of a complaint is a matter of public record. therefore anyone can obtain a copy and read the contents. The service issues make service of process most likely void but it is not absolute.
0 upvotes
John Hopkins ·
There is no invasion of privacy or trespassing claim. From the facts you provide, it sounds like the service of process was not valid, but you cannot simply rely on that in a vacuum. What is the lawsuit about? If the proof of service is submitted to the court and you do not challenge it, the case may proceed to a judgment and then you will have a mess on your hands, more so than if you deal with it now, or before is goes to a judgment. If you had been living there and only recently moved, the service may be valid.
0 upvotes

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