What Do I Do If the Tenant Claims Improper Service?

If the tenant claims that the papers were not served properly, the Judge may decide to set a date for a hearing, called a “traverse hearing.” Your friend or professional process server may be asked to tell under an oath how the papers were served. The Judge may inspect the affidavit where your friend or professional process server swore that the papers were served.

You will have the right to ask the process server questions and call witnesses, including yourself, if you were present, to explain how the papers were served. The Judge will decide whether the service of the court papers was proper. If the service was not proper, then the case will be dismissed and you will have to start again from the beginning.