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An affidavit of service is a sworn document signed under the pains and penalties of perjury. If you can prove that the process server lied on the affidavits and did not actually see or serve either defendant, then the process server can be brought up on charges of perjury by the court, which carries penalties of several years in jail and a few thousand dollars in fines (those are max penalties and the penalty actually imposed by the judge in this case will be up to the judge based upon how serious the case is and the perjury is to the case). Regarding the unrelated third party server requirement -- it is against the civil procedure rules but there are no actual criminal penalties if the court finds out about it -- the remedy in such a situation is for the judge to dismiss the case WITH prejudice (meaning that the case cannot be refiled in any court again and it is effectively dead).
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So there is nothing actionable by the Defendants against the Process Server? It is up to the Court?
Hello again Dave ---
You could sue the process server for damages, but whether or not you want to pursue that avenue really depends upon how much your damages are and how much you really think you will be able to get out of him (if he has any money at all to pay you). There is no automatic provision for the payment of attorney fees in a case like this so you will most likely end up having to pay your own attorneys fees in order to pursue such as case as well.
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