What is the consequence of a process server failing to properly serve documents?

When a process server fails to properly serve documents, one of the potential consequences is that the court may dismiss the case. Proper service of process is critical to ensure that the defendant is notified of the legal action against them and has the opportunity to respond. If the documents are not served correctly, the defendant may not receive notice, which violates their right to due process.

As a result, the court has the discretion to dismiss the case due to improper service, as the jurisdiction over the defendant is not established without proper notification. This dismissal serves to protect the legal rights of individuals, ensuring that cases are not moving forward without properly informing all parties involved.

While other options may present various scenarios, they do not encapsulate the primary legal principle that a failure of proper service can directly lead to dismissal of a case. Proper service is a foundational element in the legal process, making this consequence particularly significant for all involved in litigation.