Kevin Hart wants the judge to throw out his sex tape lawsuit … just like he says the legal papers were thrown out of a car window and left on his driveway.

According to new legal docs — obtained by TMZ — the actor claims he was not properly served in the case filed against him by Montia Sabbag … Hart’s alleged sex tape partner who sued him for $60 million, claiming he and his friend conspired to tape their encounter.

Hart wants the suit dismissed because he claims the process server “simply threw a set of papers out of a car window in view of a security guard” outside the gate of his home.

The security guard’s photos of the drive-by drop-off appear to show the legal papers lying on the ground outside the server’s car. The security guard claims he doesn’t live at Hart’s residence, and wasn’t authorized to accept service of a legal complaint.

Due to the improper service … Hart wants the judge to dismiss the case.

We broke the story … Sabbag sued Kevin back in September, alleging her 2017 encounter with him in a Vegas hotel room was all planned by Hart and J.T. Jackson — his friend who was later charged for extortion.

Sabbag says Hart was motivated by publicity with an upcoming comedy tour. He’s repeatedly denied having any knowledge of the recording … claiming he, too, was a victim of Jackson’s extortion attempts.

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