[liveinchicago]

I was gone the other day, I had taken my son to breakfast, then to school, then I went to the gym. When I came home there were papers stuck into my door frame. My wife and I are getting a divorce. Before anyone jumps to conclusions, I want to get divorced, I am just asking the validity of the service of summons. The so called process server claims that my truck was on the driveway, and he gave my license plate and that he knew I was home. Number one I was not home, obviously, being at the gym and such, but number two I never ever park my truck on the driveway, I put it in the garage, so even if I was home it would be a lie, I am sure he had my truck and license description from my soon to be ex wife. I wanted the papers, I am just wondering if I should report this or something, because it was raining very hard outside, and the papers were ruined, he lied in his claim, and how many other people does he do this too. Then my final thing is, being stuck in the door, they could have blown away, but he ripped my weatherstripping, do I have recourse against him for jamming the paperwork in so it ripped my weatherstripping? Thanks...

[Fr_Chuck]

He most likely works either for a private service company or the attorey ( and at times the court)
He gets paid only if he serves the papers.

Since he lied, it would not be valid if you could actually prove it, but then it will be your word against his

[ScottGem]

If you can prove he damaged your door, you can sue him for damages. As for validity of the service, you received the paperwork and know of the divorce action, correct? So you will know to prepare and show up for hearings, right?

The only time you can use improper service as a defense is if you were not aware of the hearings and ddn't show.

If you want to complain to the judge or the process server's employer, you may be able to get him in trouble. But its not going to change that you are aware of the proceedings.

[cadillac59]

You don't really want to make a big to-do about damaged weatherstripping do you? If so, it's a very small small claims court case and has nothing to do with your divorce.

For what it's worth, it's never good service in California to simply leave papers at a doorstep or tacked to a door (the rule is probably the same in your jurisdiction). But the really important question is, is it worth fighting about? In most cases probably not.

If service of the papers has to do with an upcoming hearing and the hearing date is inconvenient, then you are surely within your rights to ask for later date. Or if a default were entered as a result of the bad service, you could surely have the default set aside.
But if neither of these are issues, then I wouldn't worry about the service issue very much and just proceed as if you were properly served (by filing the appropriate responsive pleading in your state--after all, if you complained about the improper service and they sent someone out and properly served you would it make any difference?)