Service of process will handover notice to a person that a lawsuit is filed against him/her. Hence, this is one of the most important processes in law. On the other hand, this process is important to create subject matter jurisdiction across the type pf case as well. Otherwise, it will not be possible to proceed with hearing the case at courts.
However, the service of process is not often straightforward, and it is linked with numerous tricky situations. Hence, it is important to understand who needs to be served and what are the different methods available for serving. Not all people can serve as well. Hence, it is also important to understand who can proceed with serving.
What has to be served?
As the very first thing, you should have a clear picture on what has to be served. A citation as well as copy of the petition should be served to the other party. In case if any other motion has been filed along with the original petition, it has to be served as well.
Different methods of serving
Numerous methods are available for serving another party. Out of those methods, personal service is quite popular. In here, the defendant will go and serve the documents in person. It is also possible for the personal service to be executed by some of the authorized individuals in the state. When you take a look at the laws that exist in Texas, a sheriff, a person authorized by the law who has aged at least 18 years or a person who has been certified under the Supreme Court of the country will be able to proceed with the process serving.
On the other hand, there is a possibility to serve through certified mail, registered mail and citations by publication. However, this process should be initiated by the clerk of the court, where the case is filed. It is also important to keep in mind that no person who has an interest with related to the outcome of the case will be able to proceed with serving the process.
What can you do when the service of process is cannot be fulfilled?
If you notice that the service of process is something that you cannot achieve, you will be able to take a look at the alternative methods available out there to consider. These alternative methods are usually defined by the court. The main objective of defining such alternative methods is to ensure that the service of process is achieved.
Let’s take a look at some of the reasons that make the service of process unachievable. This happens mostly when the defendants are difficult to be located. For example, people who see a lawsuit coming on their way tend to take appropriate measures to move out from their locations. They avoid the process intentionally.
On the other hand, you will also be able to find situations where the defendants are transient, absent and non-residents. Even if you don’t know the location of a defendant, you will find it as a difficult task to proceed with serving the process. However, you don’t need to worry too much about it because you can find some helpful alternative methods to receive assistance and stay away from the frustration associated with this process. When you take a look at those alternative methods, you will be able to find a method to proceed.
Before you proceed with one of the alternative methods, it is important to showcase that you have made a serious attempt in order to locate information with related to the defendant and the location. If you can prove that, it will be possible for you go ahead and file a motion to consider a substitute or alternative method.
Alternative methods are available for you to consider.
Now lets take a look at the alternative methods available for you to consider. While thinking about seeking the assistance of one of the process servers Houston, you should also be mindful about these alternative steps.
– Rule 106 Motion for Alternative Service
The very first option available for you to consider would be to go ahead with Rule Motion. It is important for a party take a look at all the possible methods available to serve a defendant. In other words, you should hire one of the Houston process servers to deliver a copy of your petition to the defendant and mail that with a return receipt. If nothing delivered positive results, you can go ahead with Rule 106 alternative service.
Along with Rule 106, you should tell that it was not possible to reach the defendant through his residential address, place of work or any other place that he uses to be. Along with this affidavit, you should clearly submit information with related to the facts that show the details that you have attempted the service. Along with that, you can also submit a true copy of the citation.
– Rule 106 Citation by Publication
Even if the Rule 106 alternative service doesn’t deliver positive results, you can take a look at Rule 109 citation by publication. This method is also known as constructive service. Through this method, you will be publishing an advertisement in a local newspaper. Along with that, you try to notify the defendant that you have filed a petition against the person, and he/she is required to be present in the courts. Unfortunately, this method is not the best option available for you to consider as of now. That’s because the usage of newspapers has declined rapidly. Hence, you will not be able to get the best results offered along with this method as of now.
When you don’t end up with any of these alternative methods, the court proceedings will end up. This is where they will be provided with the default judgment granted. Along with that, the relief party will be granted with the chance to go ahead with the seeking suit.
Hire a process server and smoothen the process.
As you can see, you will have to deal with numerous challenges when you are trying to serve a defendant. This can be troublesome and lengthy. Hence, it is worthy to overcome the struggle by hiring a process server Houston at the initial stage. You need to make sure that you are seeking the assistance of an expert Houston process server. Then you can end up with getting only positive results as per the expectations that you have in your mind. Hence, you will not have to keep any doubts or second thoughts in your mind.
Take a look at the best and most reputed process servers Houston. Based on the reputation, you can hire an expert entity that can deliver the support you are looking forward to receiving. Then you just need to handover the work to the process server Houston. Your task will be considered as one of the top priorities by the Houston process server. Hence, you can expect to end up with receiving quick and fast results. Make sure that you always go for this option and reduce the struggles that you have to face when serving a defendant.