Process servers falsify proof of service in debt collection cases, and 100,000+ default judgments may be void because defendants were never actually notified

In a practice known as 'sewer service,' process servers file affidavits swearing they personally delivered lawsuit papers to defendants — when in fact they threw the papers away or never visited the address at all. The New York Attorney General sued American Legal Process and 35 debt collection law firms, seeking to overturn over 100,000 default judgments obtained through fraudulent service. The Minnesota AG filed a similar suit against TJ Process Service. Studies have found that personal service to the defendant was actually achieved in only about 6% of cases in some jurisdictions. The other 94% of defendants may never have known they were being sued. The consequences are devastating and often invisible to the victim until it is too late. A person goes to use their debit card and it is declined — their bank account has been frozen by a judgment creditor they never heard of, for a debt they did not know was in litigation. They cannot pay rent, buy groceries, or fill a prescription. When they try to contest the judgment, they face the burden of proving they were never served, which requires hiring a lawyer they cannot afford for a case they did not know existed. The legal system is designed to trust the process server's affidavit, so the defendant is fighting uphill against a sworn document. Many people simply give up and accept the garnishment, which can take 25% of disposable income for years. Sewer service persists because the incentive structure rewards it. Process serving companies are paid per service, creating pressure to maximize volume. Debt collection law firms file thousands of cases per month and need quick default judgments to be profitable — they have no incentive to ensure defendants actually receive notice, because a contested case costs them money. Courts lack the resources to independently verify service, and judges process default judgment motions in bulk without questioning whether the defendant truly received notice. The penalty for sewer service, when caught, is typically a fine that is a fraction of the profits generated. Until courts implement independent verification of service — such as GPS tracking, photographic proof, or mandatory follow-up contact — the economic incentives will continue to favor fraud over due process.