Process Server Trespassing

boydbuday

New Member
Jurisdiction
Oregon
If a summons/complaint is served but trespassing occurs should the answer to the complaint simply declare it null and void because of the trespass or should trespassing charges be immediately made and filed against the process server and that charge/complaint once recorded be evidence that trespassing charges have been made?
What if the trespassing charge has not been adjudicated prior to your answering the complaint?
 
If a summons/complaint is served but trespassing occurs should the answer to the complaint simply declare it null and void because of the trespass or should trespassing charges be immediately made and filed against the process server and that charge/complaint once recorded be evidence that trespassing charges have been made?
What if the trespassing charge has not been adjudicated prior to your answering the complaint?
You asked an either/or question without giving thought to the fact that both options are wrong.
 
If a summons/complaint is served but trespassing occurs should the answer to the complaint simply declare it null and void because of the trespass or should trespassing charges be immediately made and filed against the process server and that charge/complaint once recorded be evidence that trespassing charges have been made?
What if the trespassing charge has not been adjudicated prior to your answering the complaint?
1. Don't be silly...of course not.

2. How did the process server trespass?
 
If a summons/complaint is served but trespassing occurs should the answer to the complaint simply declare it null and void because of the trespass

I'm not sure what "it" refers to in this sentence. However, if the only thing the answer does is purport to "declare [something] null and void," then the plaintiff will almost certainly be entitled to judgment on the pleadings.

or should trespassing charges be immediately made and filed against the process server and that charge/complaint once recorded be evidence that trespassing charges have been made?

You're free to report an alleged trespass by a process server to law enforcement. I can't conceive that law enforcement will do anything with it, but maybe. Regardless, that the process server may have trespassed in order to effect service almost certainly has nothing to do with the validity of the service.

What if the trespassing charge has not been adjudicated prior to your answering the complaint?

Doesn't make a lick of difference.
 
Note that whether he was serving a process or not, to be criminal trespass, there has to be some unlawful entry to the premises. Unless the yard is posted or has been previously warned off , he's free to walk up to the house.
 
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