One of the cornerstones of the U.S. legal system is the constitutional right to due process.
This ensures that individuals are notified of any legal actions against them, such as lawsuits, divorces, or evictions. By being informed, they can seek legal counsel and prepare a proper defense.
Legal documents can be served in three primary ways:
Historically, sheriffs were responsible for serving all legal paperwork. However, as populations increased and the demand for this service grew, delays became inevitable.
To address these challenges, the role of process servers was established, providing dedicated professionals to handle this critical task and uphold the principles of due process.
In many states, sheriffs still serve papers, typically for a fee of around $40. If you choose this option, here’s what to expect:
You will file your complaint with the clerk of court at the district or circuit court.
After paying the service fee, it’s your responsibility to ensure the papers are delivered.
Once the sheriff serves the documents, they will send a “return of service” to the clerk as proof. You will need to follow up with the clerk to confirm completion.
While courts often promote using a sheriff, partly because it generates revenue for the county, hiring a private process server is usually more efficient.
While sheriffs can still serve legal papers, relying on them may not be the most effective choice.
Sheriffs’ primary focus is law enforcement and public safety, leaving limited resources for process serving. In contrast, certified process servers specialize in this role and are better equipped to handle it quickly and effectively.
Here are some key advantages of hiring a process server:
1. Specialization and Expertise
Process servers undergo certification and training, giving them a deep understanding of local laws and regulations. They are held to higher standards of performance compared to sheriffs.
2. Advanced Tools and Techniques
Certified process servers use specialized tools, databases, and techniques to locate individuals, especially those attempting to evade service.
3. Experience and Efficiency
With years of experience, process servers can complete tasks faster and more effectively. Their expertise is particularly valuable when dealing with hard-to-find individuals.
Why Choose a Process Server Over a Sheriff?
While sheriffs and police officers can still serve papers, a certified process server is often the better choice. Their specialized skills, focus, and tools make them more efficient and reliable. Hiring a process server saves time, ensures proper delivery, and allows you to move forward with your case more quickly.
The wheels of justice must continue to turn, even if they seem slow to others. A critical factor of our legal system is communication. It may seem odd to think of, but whenever there is a dispute between people, businesses, and other entities, there must be an opportunity for both parties to respond. While process servers deliver a variety of legal documentation, it is not uncommon for that to include a writ of summons.
What is a Writ of Summons?
A writ of summons is a court order requiring a person or entity to respond to a lawsuit. In general, writs are not used in every case. Instead, they are specific to lawsuits that are related to civil proceedings and criminal law.
Once the writ has been sent out, it must be served on the defendant before any legal action can occur. A person who receives a writ of summons must acknowledge it and attend court at the appropriate time and date. Failure to comply with these terms could result in additional penalties against them.
As you can imagine, there are many parties to a lawsuit. This could be a business suing another business for copyright infringement or a government agency suing a landowner for property rights. Either way, courts, law enforcement, and government agencies rely on a writ of summons as part of their activities in enforcing and upholding the law.
What is the Summons and Subpoena Difference?
What is a service of summons versus a subpoena received? Serving a writ summons starts at the beginning of a legal court case. It is one of the first actions to order for writ summons to compel someone to appear.
A subpoena is different in that it can be issued anytime during a trial. Most of the time, a case has already begun, and the person receiving the subpoena has some form of evidence relevant to the case in question.
An order for writ summons means you are the target of a case and not just presenting evidence.
What Information is Included in a Writ of Summons?
Every state will have its own regulations regarding this legal instrument. For example, Texas requires:
There will be a summons number on the document being sent via a summons delivery service. This is used to track the writ charges throughout the process.
It’s important to keep this number in mind, so you know the status of a writ as it moves through service, delivery, and recording.
There are also types of writs that are different. For example, a writ of appearance compels an individual to physically or virtually be present during a court case. Whereas a writ of retrieval has more to do with property.
If someone at a residence denies entry to a legal authority, a writ of retrieval can be issued so the property can be brought to the court or appropriate designee.
What is a Writ of Assistance?
This is another unique writ served that directs a party to send or turn over a legal document, property deed, or some form of right of ownership for a property. You usually see this serve a writ action during an eviction or at an auction.
Why Is a Writ of Summons Important?
If you are being sued, you must respond quickly. A writ of summons is the first document that must be served to you in order for the legal process to begin.
The person who files this claim against you must serve it on you correctly to start the case moving toward trial. Serving this document correctly ensures that everything progresses according to schedule and allows both sides time to prepare their cases before a trial begins.
When served correctly, a writ of summons helps protect both parties’ rights while they prepare their cases so that they can present them at trial without any surprises or missed opportunities for discovery (evidence gathering).
How is a Writ of Summons Delivered?
A sheriff can deliver a writ of summons on your behalf, but you need to submit a request to the local clerk, which may take some time as they have other duties. The best option is to hire a professional process server like our team at Houston Process Servers. That way, you will get verifiable confirmation that an attempted delivery has been made and the entity being sued is either choosing not to receive the writ or cannot be located.
As most writs have a formal deadline, a process server will be more reliable. The sole function of a process server is to maintain the timeline of courts by delivering legal documents in an orderly fashion. You would not want to fall behind in your duties by something as simple as missing any deadlines.
A process server will attempt delivery of the writ of summons in person at the entity’s home, place of business, or with the registered agent.
What Happens After a Successful Delivery?
Once the writ of summons has been successfully served, the court will send a notice to appear in court. The party issued with the writ will receive this notice, which tells them when they need to attend court and what they need to bring with them.
It’s essential to remember that this is not an actual hearing. It’s just a pre-trial meeting where both parties can discuss their arguments and learn more about how things work at your local courthouse.
You’ll also receive a notice from the court stating whether or not there have been any changes made since last time (e.g., if someone else was added). If so, make sure these changes are reflected on any documents or contracts.
What Should I Do if I Receive a Writ of Summons?
If you receive a writ of summons, it is crucial to respond to it. You can ask the question of who is responsible for serving a summons in case you disagree with that process after you have responded to the courts first.
The writ will tell you how long you have to file your response and what kind of response is required. You may need to file an answer within a certain number of days or ask for an extension of time in which to do so.
If you do not answer in time, the court can enter a default judgment against you based on the information provided by your adversary.
You may also want an attorney’s help with your case if:
• It involves complex issues or factual disputes that are difficult to understand
• You have been sued in another state
• The other parties are represented by attorneys, and they have filed papers requesting specific legal procedures like discovery
Can I Ignore a Writ of Summons?
You can ignore a writ of summons, but that can have serious ramifications.
For example, if you do not appear in court on the date of your summons, then the court may enforce penalties or legal processes.
A writ of summons is considered to be a lawful document when it comes from an official authority such as a judge or attorney general.
However, just because someone who is not authorized has served you with one doesn’t mean that it is considered valid. If you are unsure whether or not a person is legitimate and has been properly appointed by their office, seek legal advice before taking any action based on their authority.
The worst thing you can do is completely ignore such a document as a writ of summons. If you are being contacted, it is because you are needed for a legal case. Ignoring this can lead to fines, penalties, and worse.
The best thing you can do is speak with a legal representative, like an attorney, to clear up the situation and help you prepare for any pending litigation.
No matter what you decide, hiring a team of professionals to serve a writ of summons ensures documents are properly delivered on time and to the correct party.
A process server has a complex job that boils down to the simple action of whether or not they can reach you to make delivery of legal paperwork. Most professional process servers must follow guidelines and accepted practices to ensure the safe delivery of such items without tarnishing the job.
Unlike most TV shows and movies, process servers spend 99% of their career dressed professionally and using open communication that makes it easier to deliver outcomes. However, they will, from time to time, call ahead to ensure you will be at a location before they make a delivery. This is not required but more of a courtesy to provide a higher success rate.
A process server has no legal authority to track your phone in any way unless you publicly allow it. That means if you are posting where you are having lunch or dinner to a social media account or showing off a picture of your daily jogging route, then a process server may use that information to track you down.
You have to remember that a process server is not a police officer. They do not carry weapons and have absolutely nothing to do with your case other than the successful delivery of documents. If you ever see them again, it is to confirm to a judge that you received the intended documents, and that is it.
Can You Be Served Over the Phone in Texas?
Until recently, phone service of any kind was not part of the process server’s purview. That means the question of can you be legally notified by phone or can you be served by text message was a no.
However, there are some exceptions. Recently, the Texas Supreme Court made some process service possible through social media. This only pertains to civil cases of a specific type, but the amendment to Rule 106 of the Texas Rules of Civil Procedure has been amended to allow a defendant to be served “electronically by social media, email, or other technology.” That “other technology” could soon include a phone or text.
Why Did a Process Server Call Me?
If you are wondering do process servers call you from unknown numbers, the answer is yes. They will contact you to leave a message about delivering legal papers to you or to try and track down someone they are looking for that cannot be reached. Just because a process server is calling you does not mean you are the intended target of the legal action.
The important thing to remember is that if you do receive a call, you face the situation head-on. You are far better equipped when you have the time to prepare for legal action by accepting the paperwork than by delaying the inevitable and avoiding proper service.
In fact, our team at Houston Process Severs always suggests those receiving documents take them and immediately contact their legal counsel. That way, they have every advantage to prepare for what is ahead and demonstrate to the courts that they are not trying to hide from responsibility. That kind of mature attitude goes a long way with a judge.
If you would like to ensure your documents arrive on time to the accurate target, schedule service with our expert team today. We work with most businesses, law enforcement organizations, attorneys, courts, and government agencies. We utilize modern technology to document every step of our process for easy tracking. Reach out today. We look forward to working with you!
Texans appreciate family time and being able to let their hair down off hours. That is why it can be quite a surprise when someone drives up, hops out of their car, and presents legal documents while you’re trying to relax.
While no one wants to receive a process server in the middle of a BBQ or when taking the dog out to do its business, this is a necessary function of our legal system that must be utilized to ensure things move smoothly.
That doesn’t mean you should have to deal with a 3 am knock on your door from an overzealous process server. There are rules that must be followed, and it helps to know them in case you interact with a process server.
Can a process server serve you at night or in the early morning?
YES, and YES. A process server needs to be able to reach people that work odd hours or have other obligations preventing them from being home during regular 9-5 banking hours. Police, firefighters, EMTs, doctors, and lawyers all deal with process servers regularly because of the nature of their work. Most of these individuals have night shifts in their industries that require getting in touch in the early hours or waiting until the graveyard shift has ended.
How late can process servers serve in Texas?
Technically, it is 24 hours a day. However, a process service company that cares about the quality of its work will do everything possible to act professionally. This usually means they will attempt delivery between 6 am to 10 pm on Monday through Saturday. The only day that is off-limits is Sunday.
How late can a process server come to your home?
Again, you’re looking at Monday through Saturday from 6 am-10 pm. Sundays are kept sacred for religious purposes and for spending time with family. Texans are hardworking people who deserve a day of rest, including dealing with anything in the legal world.
The only exceptions to this rule involve injunctions, attachments, garnishments, sequestration, or distress proceedings. Most, if not all of those, will involve a more complex proceeding that legal counsel will inform you of ahead of time.
Can a process server serve you on the weekend?
Yes, you can be served in the afternoon and night of Friday, all day on Saturday, but not on Sundays. Sundays are reserved for religious reflection and family time and are not allowed to have any activity from a process server unless specified in the exceptions listed above.
This is also good for the industry as it gives everyone a breath of fresh air. The legal system is extremely busy, and workers need to take a moment to have a work-life balance.
Can you be served on Sunday in Texas?
NO, you cannot be legally served by a process server in Texas on a Sunday. This means you can attend church, go to your kid’s baseball game, enjoy a BBQ with friends, or catch up on some sleep without having to deal with any legal paperwork for the day.
What about Christmas? Do process servers work on Holidays in Texas?
Unfortunately YES, process servers will deliver legal documents on local, state, and national holidays. The rule is any holiday is legal, as long as it doesn’t fall on a Sunday.
If you are kicking back a glass of eggnog on Christmas that is also a Sunday, you cannot be served papers. You can be served if you are lighting off the 4th of July fireworks on a Tuesday night.
Where to Find Professional Process Servers
Texas is pretty clear about process server rules, laws, and regulations. That is why you must work with an experienced and professional team that understands and abides by such standards.
At Houston Process Servers, we follow all rules and guidelines in our practice to ensure the safe, documented, and secure delivery of your legal paperwork. Our role is simply courier, and we take great pride in being an essential function of the legal system. To schedule service with our expert team of process servers, please fill out the request form on our main page.
Whether you’re a process server or just someone who’s dealt with one, you may have noticed that the job itself is often a little…misunderstood. Some think process servers are bounty hunters, while others believe they’re just glorified paper carriers. In all of this confusion, one thing remains true: the world would be a much better place if we all knew how to communicate effectively with a process server.
The point of a process server is to continue the operations of a legal situation or case. Their role is to deliver documents to someone who is a legal entity in a case. That could be for a lawsuit, contracts, or a requirement to appear before a court. Regardless of the situation, you should always treat these working professionals with the same respect and courtesy you would expect in return.
A few key reminders of how best to communicate with process servers include:
Never Be Aggressive
There is no reason to be aggressive with a process server. These are human beings performing an essential service that has been authorized and certified by the Supreme Court. They have the same rights and expectations of life as you do.
Swearing, threatening, or acting aggressively in any way towards a process server will most likely be recorded in their verification documents and passed on to the courts. That can reflect poorly on your situation, and you will want every advantage possible so that you can come out the other side as favorably as possible.
Keep the Conversation Respectful & Simple
You should be polite and respectful when you talk to a process server. Don’t argue with them, don’t be aggressive with them, don’t be rude or condescending, and definitely don’t make any threats. If you decide to be argumentative because you think it will help your case in court or whatever other reason, keep in mind that the only thing it will do is make the process server more determined to serve you.
Also, don’t ask questions that can quickly be answered with a yes or no response (in fact, avoid questions altogether if possible). And most importantly: never ever attempt sarcasm! This is not a friend or an enemy, simply someone representing a courthouse or judge.
Yes, a process server is conducting the business of a court, but they are also a human being afforded the same rights as you. If you act in any way violent toward a process server, you could be punished by jail time, especially if the server reports these actions to the police. The simple truth is you wouldn’t attack an Amazon delivery driver just for leaving your package at the door, so why treat a process server any different?
Keep Your Responses Limited
This is a legal case. A process server writes a detailed report that could include any language or facts you say. Do not ask the process server about their personal life. Do not ask them about their job, religious beliefs, political views, or sexual orientation. Not only is it probably none of your business, but this can also be considered harassment and could get you in trouble with law enforcement agencies. A simple “thank you” is all that needs to be said.
Think About the Judge
An easy way to communicate with a process server is to imagine a judge overseeing your interaction. You do not want a bad reputation or something as small as a poorly timed joke to make the judge look unfairly on your position. Instead, stay professional and focus your energy on contacting your legal counsel to clear up the situation so the process server can move on to their next assignment.
Wrapping it Up
Although being served is an intimidating experience, it doesn’t have to be an uncomfortable one. If you are calm and respectful with the process server, your case will run much more smoothly. It’s also a good idea to be honest about your location to avoid any further legal issues down the road. Remember that there’s no need for violence or confrontation when a process server comes knocking on your door—they’re just doing their job!
That is why all our team members at Houston Process Servers treat each client and recipient with the utmost respect and dignity. We take no sides in the cases and simply want to offer professional, reliable, and accurate service. To learn more about our team or engage with our process serving services around the greater Houston area, please use our intake form. We are happy to work with law enforcement, courts, law firms, government agencies, and other legal entities.
A process server is someone who carries out the legal process of serving documents. This can be a formal legal document, such as a summons or subpoena, which requires that it be personally handed to the recipient.
These are working professionals authorized and certified by the Texas JBCC to deliver legal documentation and notices. They have no opinion or interest in the cases involving these documents. That is why asking a process server for legal advice is pointless. Regardless of a process server’s background, experience, or education, they are not legally allowed to offer advice on a case.
The sole responsibility of a process server is to take a document from point A to point B and then provide verification that everything has been conducted legally. So when you try to avoid a process server, you are not stopping action from occurring. If anything, you are only delaying the steps that will happen next.
What Happens if You Avoid a Process Server?
When a law firm, government body, or court hires a process server, they initiate legal contact with you. If you try to avoid that contact, it does not stop whatever lawsuit or legal action from happening. There will not be a hearing that is canceled. Or, if it is, it will only be slightly postponed to a near-future date.
This means that trying to avoid a process server will end with you and your legal counsel having less time to prepare for a hearing. That can be detrimental to your case if you need that time to collect evidence in your favor and support your argument about why these legal actions do not hold water.
A far worse situation is that your active attempts to avoid a process server could be taken personally by the judge. This is a dedicated working professional committed to upholding the law. If you demonstrate a disregard for the processes of the law, like not accepting legal documents, they may be less inclined to hear your side reasonably because these actions can be interpreted as disrespectful. It may seem small, but you want as much advantage as possible in a court case.
What if I Successfully Avoid a Process Server?
A professional process server is often trained to make multiple attempts at your home, place of business, or any other public location they are allowed to make delivery. If you successfully avoid them after one, two, or more attempts, expect the process server to prepare an affidavit of non-service.
This is a legal notice that, when approved by a court, authorizes what is known as substitute service – also called a 106. You do not want this to happen because it takes control completely out of your hands. A 106 means a judge has deemed your case worthy of simply leaving the legal documents with anyone in your household over 16 years of age or taping the documents to your door.
In that case, a process server will take a photo and instantly update your case so that a court can move forward with your legal situation. In other words, by avoiding a process server, you just waste your time! The documents you hope will disappear will eventually show up at your home, and now you will have to deal with possible negative impacts on your reputation and legal case.
Is there a Better Option?
Yes! When a professional team of process servers like those at Houston Process Servers attempts delivery of documentation, you should accept it. All they are is a legal delivery service trying to do a well-documented job.
Instead of trying to avoid a process server, call your legal counsel and immediately send them copies of the documents you receive. This way, you have as much time as possible to prepare for what is coming next, and a judge will view you as a rational human willing to go to bat for your side of the story.
Courts appreciate those willing to stand up for their rights and take responsibility for their actions. This places you on equal footing with whoever sent you the documents so you can move forward with legal proof and arguments about your case. Anyone who has had a bad situation with the law knows this is much more preferable.
If you want to learn more about process of serving around the greater Houston, Texas area, fill out our contact form. Houston Process Servers works with law enforcement, courts, government agencies, law firms, and private attorneys to execute services as smoothly and reliably as possible. That is why we have so many return and referral clients. Reach out today and schedule your next delivery with our professional team.
The job of a process server is often straightforward, performing each delivery effectively and efficiently so the courts can move forward with whatever case may be involved. While that is how most situations unfold, there are those rare cases when someone who is being served with documentation does their best to avoid being identified. That is when the expertise and experience of a process server come into play.
Avoidance of service is a common occurrence in the legal process. For example, if you are sued for a debt that you do not owe, you may choose to avoid service and avoid being involved in the lawsuit. In addition, people may wish to remain anonymous and not be served with divorce papers or other legal documents such as subpoenas or notices of eviction.
While the need to prevent the headache of a court hearing is understandable, it only becomes much harder to present both sides of the equation if one party is doing everything possible to avoid detection.
Process servers will spend a great deal of time on the initial preparation of information before serving papers. This includes verifying addresses, contacts, and up-to-date records on a subject. Once all the details have been ironed out and a process server is confident they have the correct and most recent data, they will attempt delivery.
Confidence & Kindness are Key
A process server will remain calm and collected during delivery. This includes not answering questions or being intimated by someone trying to avoid service of process.
It is far more effective to speak clearly and politely so that any evasions by a subject do not prevent delivery. This could be things like they cannot meet at a prearranged time or are not the person the process server is seeking. All of these evasions will be met with respectful but assertive verifications of information.
That is why it is not uncommon to see a process server with a documented photo of the subject ready to present on their phone. The internet makes it extremely easy to verify the identity of someone. If they are trying to evade over the phone or in-person with false claims, a process server can verify information like their image, pointing out the residence address, or place of business, and the registered agent.
Process Servers Can be Creative
Sometimes, a process server may find that a defendant avoids the service of process by using a different name. For example, the plaintiff might be trying to serve one defendant when in fact, it’s another person who shares the same name and address. Or maybe the defendant is trying to avoid receiving papers by giving out an address where no one lives or putting his/her phone number on “do not call” lists.
Here is when a process server will get more creative about their duties. If the address being used is actually owned by someone else and they’ve provided false information on their credit report (e.g., they say they live at an apartment but really don’t), process servers may go ahead and try serving them at that location anyway. This way, they can ask neighbors where they think this person lives or look around town for any signs of life at this particular location before making service attempts there.
Sometimes people will open their doors even though they aren’t expecting visitors because they’re bored or lonely living alone without any family members nearby or just aren’t getting enough sleep. You could even see a process server calling out a name in a crowd at a park and seeing who responds. Nothing about legal duties or paperwork has to be mentioned at all, just a name.
People who avoid process servers should expect to receive notices frequently and at various locations. This could include:
Visting the residential address and leaving notes
Visiting previously documented addresses and leaving messages with those residents
Going to a place of business and speaking with employees/employers to get in touch with the subject
Leaving messages on a car
Reaching out via social media
Leaving voicemails on a phone
It is All About a Professional Interaction
In all cases, a process server will act professionally and with respect. People who avoid these servers need to keep in mind that as long as every effort has been made by the process server, the case will still move forward. It is always far more effective to simply accept the documentation and contact legal counsel to either prove your side of the story or mitigate any damages from the situation.
At Houston Process Servers, we pursue all avenues of contact as thoroughly as possible without violating our duties and code of conduct. This commitment to professionalism is why we have so many return and referral clients around Harris County from law enforcement, courts, law firms, government agencies, and businesses. We do our best with each project and have an excellent delivery rate. Reach out today and use our contact form to schedule your next need for a process server so you can save your team time and money and focus on other matters of the case.
The job of a process server is often complex because of the data that needs to be verified before conducting a delivery. Even then, there are occasions when someone tries to avoid service or maintains an online or public profile that is not updated with the latest details of their home, work, or other contact information.
In those rare cases, a process server may attempt delivery on a holiday to ensure they are reaching the intended target. As of right now, process servers may deliver documentation on any day, at any time. The only exception in the state of Texas is on Sundays. Those deliveries require exceptional circumstances like injunctions, attachments, garnishments, sequestrations, or distress proceedings. Almost all of these will need a citation of some sort for a court of law.
That means holidays are fair game as long as they do not fall on a Sunday. Some courts may even provide special notices to get around this issue, but those are rare. The only states that do not allow delivery on a holiday are Minnesota and New York.
Is it Wise to Serve Papers on a Holiday?
The question for a process server business is not whether or not they can serve papers on Christmas, Thanksgiving, or some other family holiday, but if they should. In most cases, a process server wants to remain as professional as possible and lower any risk to the client for likely “court of opinion” situations where a subject is served while serving Christmas dinner. Court dealings should always be conducted in an actual court, not in the newspapers.
However, Holidays are a great time to serve papers logistically. Almost always, the subject will have their guard down and be in a location that is easy to access. That way, a process server can quickly make delivery and then move on to complete the whole interaction before the subject even fully understands what is happening.
It often comes down to the question, “have we tried everything else?” Texas is famous for its hospitality, and a quality process server will do everything possible to remain cordial and professional. This ensures future business with law enforcement, legal firms, courts, and other clients.
The big exception to the rule is those subjects trying really hard to avoid detection. If a process server has done all the due diligence and attempted every polite method possible, then holidays will become more attractive. Special care will be taken for safety as some holidays involve people celebrating with alcohol, and it is never the goal to embarrass anyone in front of their family. At the end of the day, it is all about performing a critical role in the legal system of the country.
Getting the Help You Need
While it may feel uncomfortable at first, there is a reason why Texas allows process servers to conduct their jobs on holidays. There need to be mechanisms in place that allow cases to move forward, especially when people are trying to avoid a simple notification of documentation necessary for their involvement.
If you are in need of a professional team of expert process servers who are committed to a high delivery rate, contact Houston Process Servers. We provide an easy-to-use form on our website where you can proceed with all the details necessary to ensure the best possible delivery outcome. So leave the legwork to our team and trust in the stellar reputation of Harris County’s leading process servers to get the job done right the first time.
