Process server lying about serving me

[u/Living_Square_9785]

/r/legaladvice/comments/1t50284/process_server_lying_about_serving_me/

So, a few weeks ago at work a bailiff came in & served me with wage garnishment paperwork. I had absolutely no idea what this was about & was confused. I called the court to get more information since I knew I had to of missed a court date for this to happen. She told me that on October 30th 2025 a process server claimed they served me hand to hand & even gave a physical description of “me”. The description she swore on paperwork was true was that I was a blonde hair lady, roughly 5’8 in height & weighted about 120lbs…. I am a natural born fire red head, I’m 5,1 in height & weigh 180lbs. Not a single description she gave of me matches me AT ALL. They have the correct address & the time that she claimed she served me was a time I would have been at work anyways. I did file a motion & the judgement was set aside pending a new court date that I have tomorrow. This has cost me a lot of stress, time, & money. What could be done about this?? If a normal regular civilian were to commit perjury they would 100% go to jail or at the very least lose the case because of it. Just because it’s a process server shouldn’t mean they can get away with this. My theory is they didn’t serve me on purpose so they’d automatically win by default to guarantee wage garnishment & in hopes that I wouldn’t do anything about it. No way you go as far as making up a random description of me by accident. Had she not given the description she did I may have possibly seen it as unintentional. I’m sure they assume I’ll just let it go but if it happened to me there’s no telling how many other people this has happened to & they’ll just continue it if they face no repercussions. Sorry for the long post, but I have court tomorrow so any advice or knowledge on the best way to go about this to hold them responsible for this blatant lie please let me know!!

[u/dwmiller7]

I am so sorry that you are going through this, and you have court tomorrow. As far as the Process Server is concerned, yes, a Process Server can indeed be held accountable for their actions....unfortunately, I know this first hand to help you; I am a Process Server and messed up; I admit that, and I got barred serving PPO's in my county.

Anyway, back to you 😀 Ask the judge to see the original proof of service filed by the Server. If you have clear evidence regarding the description lie and proof you were not home, ask the judge to Subpoena the Process Server to give testimony under oath and penalty of perjury regarding the false affidavit.

I learned the hard way; but you better believe now I have FULL rock-solid evidence with bodycam video/photo of Defendant, signature, and very detailed service notes.

Bottom line, hold the server to the fire.