Due Process & Personal Jurisdiction
Under the United States Constitution, a court lacks personal jurisdiction over a defendant unless service of process strictly complies with statutory mandates. If service is defective, any subsequent default judgment is void as a matter of law.
Common Service Defects
- Substituted Service Failure: Leaving papers with an unauthorized person (e.g. minor, neighbor, or room-mate without diligent attempts at personal service);
- Defective Certified Mail: Green card return receipt signed by someone other than the addressee in jurisdictions requiring restricted delivery;
- Service on Sundays / Holidays: Prohibited under certain state laws (e.g., Texas TRCP 6; Florida Stat. ยง 48.20);
- Missing Summons Copy: Delivering only the complaint without an issued summons.
The Motion to Quash / Special Appearance
To challenge defective service, the defendant must file a Motion to Quash Service of Summons or a Special Appearance before filing a general answer, preventing accidental waiver of personal jurisdiction objections.