What Is A Process Server Allowed To Do?
You got served! No one likes to hear that, but a process server serves a variety of legal documents such as citations, temporary restraining orders, subpoenas and motions. When it comes to getting subpoenas and other legal documents distributed, they are an important part of the legal process.
Texas process servers are monitored by a Process Server Certification Board and must follow certain rules and guidelines as established by the Texas Rules of Civil Procedure. Each server must be certified.
Process servers are allowed to do many things in their attempt to serve someone. However, they are not allowed to enter a home without permission or jump a gate at a gated residence.
His job is to make sure the legal documents are given directly to the party of the lawsuit. Afterward, he has to fill out a form (called a return of citation) saying that he gave you or “served” the legal documents. The return of citation is then filed with the court.
So you may ask, “what is a process server allowed to do?” Well, a process server can attempt to deliver the legal papers to your home. He can leave a copy with someone who is authorized to accept papers on your behalf. He can serve them at your work. A person can be served through certified mail in Texas.
A process server’s code of conduct says that he must treat everyone with respect. He must be candid and truthful. A process server will typically make his first attempt to serve the papers within 5 to 7 days after he was hired.
What Hours Can a Process Server Serve You?
A process server can attempt to serve someone at any time of the day or night except on Sundays in Texas. He may ask the person being served to sign that he or she received the legal documents once served, but it isn’t necessary.
If someone refuses to accept the papers, then a server can drop them besides that person or at their feet and tell them that they have been served. A server can place them on someone’s windshield if they refuse to get out of the car. They can get creative in their attempts to serve especially if someone is trying to circumvent it.
Avoidance of a process server does not mean you can prevent getting sued. If the process server is unable to serve you, then he can file a Rule 106 Affidavit for Substituted Service with the clerk. A motion is filed and if the judge signs the order, you are still served. Service can also be made through publication. It’s uncommon, but a process server can take out a notice in a publication such as the Fort Worth Star-Telegram or Dallas Morning News and announce that a person is served.
When people evade process servers they really are delaying the inevitable. When someone accepts service early on in the process, they have more of an advanced notice of when court dates are and can prepare. When someone avoids service, they may end up getting served the night before they are required to be in court the next morning.
Where and When Can a Process Server Serve Papers?
A process server can serve you during at work during work hours, at your home during dinner, at the airport in the middle of the night or even at your child’s baseball game except on Sundays of course. There is really no rule prohibiting them from a place or time except Sundays.
Our process servers will try to be discreet when the situation allows. If someone is at work, then our servers will simply tell a receptionist that they are there to deliver a package to someone rather than embarrassing them at their place of business.
He won’t break into your home or impersonate a police officer in his attempt. He will not be involved in a car chase but they can follow someone.
If service simply cannot be made, then a server can go through a judge to show documented attempts at service and get an order saying they can attach the papers to the other party’s front door.
Falcon Can Help You Serve Legal Papers Quickly
At Falcon, our experienced servers communicate quickly and efficiently with clients to let them know if we run into any issues. Clients are emailed or called to let them know as soon as a person is served. Most documents are attempted within the first 24-48 hours for the first attempt. We can serve any legal documents, can walk through papers at the courthouse or pick them up from the walkthrough. We have a notary on staff and can also eFile or file with the court.
Time is money and our attempts are informed. We won’t waste our time, or a client’s, with bad attempts. Call us at 817-870-0330 to get your papers served quickly.