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All or some of the following information may be valid in your state. No personal jurisdiction, improper service, is a defense when you were incorrectly served the complaint or summons or when you were never served the complaint or summons. There are three types of services: personal service, substitute service and conspicuous service. When you're personally served a summons or complaint by the process server then it's called personal service. When the processor server leaves a copy of the summons or complaint at your place of residence or business with a responsible party who is of suitable age and discretion, a relative or roommate and mails a copy of the summons or complaint to your last known address, then the service is called substitute service.

If personal service or substitute service fails three times, then the process server can use conspicuous service, also know as nail-and-mail. Conspicuous service involves either slipping a copy of the summons or complaint underneath your door or attaching a copy of the summons or complaint to your door and mailing a second copy of the summons or complaint to your last known address.

If the process server uses some of the ways listed below to serve you the summons or complaint, then incorrect service has occurred:

* Only mailing you the summons or complaint.
* Sending the summons or complaint to an old address you no longer live at.
* Leaving the summons with a friend or neighbor who lives in an different housing unit.
* Throwing the summons or complaint on the floor near your mailbox.

You can get your case dismissed on the basis of improper service; however, your creditor has the right to sue you again. Listed below is a list of things to do to get your debt collection case dismissed due to improper service:

* The first time you appear in court you must raise the defense in your answer.
* After you're served, the process server fills out an "affidavit of service" describing how you were served the summons or complaint. Get a copy of the "affidavit of service" from the courthouse.
* File a "motion to dismiss" with the Clerk of Court within sixty (60) days of filing your answer, asking the court to dismiss your case for lack of jurisdiction.
* Schedule a "traverse hearing" with the court. The judge will decide if you were properly served the summons or complaint in accordance with the law. During the hearing you should provide evidence to support your case such as documentary evidence (passport or travel records) showing that you were at another location at the time of service or bring a witness or witnesses with you that can give testimony of your location at the time of service.

If the process server incorrectly served you the summons or complaint, you can file a complaint with your state department of consumer affairs; a good stating place to find out how to file the complaint is to go to your state attorney's website.

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