Kevin Hart is asking a judge to dismiss the $60 million sex tape lawsuit against him, saying he wasn’t properly served in the case when court documents were thrown out of a car onto his driveway.

New court documents say that a process server working for plaintiff Montia Sabbag simply “drove by Hart’s home and threw a summons and complaint out of a car window in the sight of” a security guard stationed outside the residence last month. Sabbag, who appeared in a scandalous 2017 sex tape with the Philly-born comic, initially filed her suit last year, claiming that Hart conspired with other defendants to film their sexual encounter.

Hart’s security guard, Ray Dudgeon, said in a statement that the papers landed “several yards away from” him, and that he has never been “authorized to accept service of legal papers on behalf” of Hart. Photos attached to Dudgeon’s statement show papers strewn on the ground next to a grey Ford sedan.

The way in which the papers were delivered to Hart’s residence, the comic’s attorneys say, was improper, and the case should be dismissed as a result.

Sabbag’s case had previously been dismissed over technical legal issues with the filing, but she has since amended and refiled the complaint.

In the suit, Sabbag claims that while she and Hart had a consensual sexual encounter in a Las Vegas hotel room in 2017, she was not aware they were being filmed and did not consent to recording. She added that Hart worked with fellow defendant J.T. Jackson to film the encounter to get publicity for a then-upcoming comedy tour. Jackson was later charged with extortion over the incident, with Hart claiming that he was also a victim.

In a Netflix docuseries released last year, Hart called the scandal the “lowest moment of my life” due to the effect it had on his wife, Eniko.

“The worst part is just knowing how you made somebody feel,” Hart said. “When I got to see that firsthand with Eniko, when I got to see the effect my reckless behavior had, that was crushing. That tore me up."