9 Things Process Servers Are Not Allowed to Do: Exposing Legal Boundaries
Process servers play a vital role in the justice system, ensuring individuals receive court documents like summonses, subpoenas, or petitions in a legally valid way. But many people misunderstand what process servers are legally allowed to do—and what they’re not allowed to do.
At Houston Process Servers, we consistently hear questions like:
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“Can a process server come inside my house?”
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“Are they allowed to pretend to be a cop?”
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“Do I have to accept the papers for them to count?”
In this article, we’ll debunk the most common myths and highlight 9 things process servers are not allowed to do, so you can better understand your rights and the legal limits of process serving in Texas.
1. Process Servers Are Not Allowed to Pretend to Be Police
A legitimate process server will never impersonate law enforcement. They are not officers of the law and cannot:
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Wear a police-style uniform
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Show a fake badge
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Claim they are a sheriff or detective
Impersonating a police officer is a criminal offense in Texas. Professional process servers, like those at Houston Process Servers, are trained to work within ethical and legal limits, not to scare or deceive.
2. Process Servers Not Allowed to Enter Without Permission
No, a process server cannot walk into your house or apartment without your consent.
Even if they see you inside, they must remain on public property or accessible areas such as:
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Sidewalks
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Apartment lobbies
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Public driveways
Forcing entry or climbing a fence is considered criminal trespass—a line no process server should ever cross.
3. Process Servers Not Do Harassment or Stalking
Process servers are not allowed to harass, intimidate, or follow someone obsessively. Doing so is not only unprofessional—it may be illegal.
At Houston Process Servers, we:
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Limit attempts to legally defined hours
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Make reasonable efforts only
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Never threaten or use aggressive language
If you feel unsafe, you can file a complaint or report the incident to authorities.
4. Not Allowed to Give Legal Advice or Interpret Documents
While process servers understand the legal nature of the documents they deliver, they are not lawyers and are not allowed to give legal advice.
This includes:
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Telling you what the paperwork means
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Suggesting what to do next
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Estimating court deadlines or consequences
If you have legal questions, talk to an attorney, not the process server.
5. Process Servers Not Allowed to Serve on Sundays Without Approval
In Texas, service of process is prohibited on Sundays unless the court issues a special order allowing it.
Professional servers respect state laws and will:
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Avoid prohibited service days
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Schedule attempts within permitted hours
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Seek approval if alternative timing is needed
Don’t be fooled by anyone claiming to serve papers “no matter what.” That’s simply not legal.
6. Process Servers Not Do Forcible Delivery
Here’s a fact many don’t know: you don’t have to take the papers for service to be valid.
A process server cannot:
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Shove papers in your hands
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Force you to sign anything
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Trick you into saying your name
If you refuse the documents, the server may leave them nearby or seek permission for substitute service.
7. Process Servers Not Allowed to Climb Fences or Enter Gated Property
If you live in a gated residence or fenced home, a process server must respect property lines.
They can:
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Leave documents with a guard (if allowed)
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Mail service requests to the court
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Wait in a public area
They cannot:
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Jump fences
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Sneak in behind cars
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Open locked gates
That’s a legal boundary they are not allowed to cross.
8. Not Allowed to Offer Real-Time GPS Tracking or Private Surveillance
While some may imagine a process server lurking with high-tech equipment, that’s a Hollywood myth.
Real process servers:
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Do not offer GPS tracking or surveillance
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Do not “stake out” homes beyond lawful timing
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Only send email updates after each attempt (like we do at Houston Process Servers)
We focus on lawful, efficient, and professional delivery, not spying or surprise tactics.
9. Process Servers Not Do Misrepresentation or Deception
A process server is not allowed to trick you into a false meeting or lie about their purpose.
They cannot:
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Claim they are delivering a package
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Pretend to be a neighbor
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Act like a salesperson
They are legally required to identify themselves truthfully when serving papers.
Summary Table: What Process Servers Are Not Allowed to Do
| Action | Allowed? | Notes |
|---|---|---|
| Entering a home without consent | ❌ No | Considered trespassing |
| Pretending to be law enforcement | ❌ No | Criminal impersonation |
| Serving on Sundays without a court order | ❌ No | Prohibited under Texas law |
| Forcing someone to accept documents | ❌ No | Physical acceptance is not legally required |
| Harassment or stalking | ❌ No | Reportable offense |
| Giving legal advice | ❌ No | Must refer you to an attorney |
| Climbing fences or entering gated property | ❌ No | Trespass violations |
| Offering live tracking or surveillance updates | ❌ No | Email updates only (post-attempt) |
| Misleading or tricking recipients | ❌ No | Misrepresentation is unethical and possibly illegal |
Final Thoughts: Know What Process Servers Are Not Allowed to Do
If you’re facing a legal situation, it helps to know your rights and understand what process servers not allowed to do.
At Houston Process Servers, we follow all Texas laws strictly. We do not trespass, harass, or use intimidation. Our job is to:
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Serve your documents lawfully
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Respect boundaries
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Deliver proof through affidavits and email updates
We serve government agencies, attorneys, and businesses across Houston and surrounding areas with integrity and precision.
