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How to Know If Someone Is Trying to Serve You Legal Papers | 13 Powerful Signs and Legal Clues

Process Service
A process server pointing finger on you

What Does It Mean to Be Served Legal Papers?

Being served legal papers means you are officially notified that you are part of a legal proceeding. This could involve a lawsuit, divorce, child custody issues, eviction, or other legal matters. The process ensures you’re given the opportunity to respond or appear in court.

Why People Try to Avoid Being Served

Many people try to dodge service out of fear, denial, or an attempt to delay legal actions. They may think avoiding service can stop a case from moving forward; however, this is often a misconception. Courts can still proceed with legal action even if you haven’t personally accepted the papers.

13 Signs Someone May Be Trying to Serve You Legal Papers

 

1. Strangers Asking Personal Questions

If someone you don’t know is suddenly curious about your full name, home address, or schedule, they may be gathering info for a process server.

2. Unexpected Visitors Pretending to Be Delivery Drivers

Process servers often disguise themselves as pizza delivery workers or couriers to catch you off guard and confirm you’re home.

3. Someone “Just Missing You” at Work or Home

A recurring theme is arriving just after you’ve left. You might hear, “They came by again, looking for you,” from a roommate or coworker.

4. Increased Social Media Monitoring

If your online activity is being stalked or new fake profiles start engaging with you, someone may be trying to track your location.

5. Neighbors Noticing Strange Behavior

Neighbors may report unfamiliar people loitering around your house or parked nearby—classic signs a process server is watching your routine.

6. Receiving Vague or Odd Phone Calls

You might receive calls from unknown numbers where the caller avoids giving you specifics but insists they “need to verify some information.”

7. Repeated Knock-and-Go Attempts

You’ll notice someone knocks at odd hours or several times a week, but disappears quickly. These could be missed service attempts.

8. You Receive a Suspicious Message from a “Friend”

Sometimes, a process server may impersonate someone you know or claim to be helping them to get you to reveal your location.

9. Unexpected Contact from a Lawyer or Law Office

If a law firm suddenly contacts you without a clear reason, they might be involved in an upcoming case and trying to confirm your location.

10. You’re Avoiding Court-Related Issues

If you’re already dodging bills, lawsuits, or past legal obligations, there’s a strong chance someone may attempt service soon.

11. Attempts to Confirm Your Address

You may notice odd requests for address confirmation from people, businesses, or even through suspicious emails.

12. Surveillance or Vehicles Parked Nearby Frequently

Look out for unfamiliar cars lingering in your area, especially with someone watching your door or following your schedule.

13. Random People Asking for You by Name

If strangers show up at your job, apartment, or family’s house asking for you specifically, that’s a red flag that someone’s trying to locate you.

How to Know If Someone Is Trying to Serve You? How Process Servers Work? A man looking through binoculars and a man in a suit
© Houston Process Servers LLC. All rights reserved

How Process Servers Work (And Their Legal Limits)

Process servers are legally authorized individuals whose job is to deliver court documents. Their methods must align with local laws, and they often work under strict guidelines to ensure papers are served properly.

However, they can:

  • Use disguises (within reason)

  • Waiting in public places

  • Ask neighbors questions

They cannot:

  • Break into your home

  • Harass or threaten you

  • Lie about being law enforcement

What Happens If You Successfully Avoid Being Served?

If you’re able to avoid being served long enough, the court may approve alternative service methods:

  • Serving by mail

  • Serving through publication in a local newspaper

  • Leaving papers with someone at your residence

Avoidance doesn’t guarantee the case disappears. In fact, it might work against you by showing non-cooperation.

Can Process Servers Lie or Trick You?

Yes—and no.

They can:

  • Pose as utility workers or food delivery drivers

  • Use social engineering to locate you

  • Drop by at unexpected times

But they can’t impersonate police or use force. Be cautious, but know that they’re bound by legal limits.

 How to Legally Protect Yourself If You Suspect You’re Being Served

Here’s how to stay safe and informed:

  • Stay calm: Don’t panic or act irrationally

  • Know your rights: Research your local service laws

  • Limit social posts: Avoid giving away your location

  • Consult a lawyer: Especially if you think you’re being unfairly targeted

  • Verify identities: Ask for ID before accepting anything

Real-Life Scenarios: Common Tactics Used by Process Servers

Tactic Description Why It Works
Disguise Dressing as delivery or repair personnel Lowers your guard
Surveillance Waiting in nearby cars for hours Tracks your routine
Asking Friends Contacting people in your circle Gathers info
Surprise at Work Showing up during work hours Increases the chance of catching you off guard

What to Do If You’ve Already Been Served

  1. Read the documents thoroughly.

  2. Note deadlines for response.

  3. Hire a lawyer if needed.

  4. Show up in court—never ignore a summons.

  5. Gather evidence if you were served unlawfully.

Responding quickly and smartly is always better than ignoring the papers.

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What Happens If You Avoid Service? | Avoiding Service of Process in Texas

Process Service
What Happens If You Avoid Process Service?

What Happens If You Avoid Service?

Avoiding service of process in Texas might seem like a way to dodge legal trouble, but in reality, it can make matters much worse. If you are being sued or summoned to court, ignoring or evading service won’t make the case disappear. Instead, it can lead to serious legal consequences, including default judgments against you. Additionally, you may be responsible for the costs of multiple service attempts, which can add unnecessary financial burdens. Let’s break down what happens if you try to avoid being served and why it’s usually in your best interest to accept service.

Can You Legally Avoid Being Served?

While you can physically avoid a process server for a short time, the legal system has measures in place to ensure that lawsuits move forward. Courts do not allow cases to stall just because a defendant refuses to be served. If a process server is unable to personally serve you after multiple attempts, the court may approve alternative service methods.

What Happens If You Avoid Service?

1. The Court Can Approve Alternative Service

If a process server cannot reach you after several reasonable attempts, the court may allow the plaintiff to serve you using alternative methods. These may include:

  • Substituted Service: The summons can be left with another responsible adult at your residence or workplace.
  • Posting Service: The documents may be taped to your front door or another visible area.
  • Service by Mail: A court may permit delivery via certified mail, and once received, you are considered served.
  • Publication in a Newspaper: If all other methods fail, the court can order service by publication, meaning a legal notice will be placed in a newspaper.

2. A Default Judgment May Be Issued Against You

If you continue avoiding service of process in Texas and do not respond to the lawsuit, the court may issue a default judgment in favor of the plaintiff. This means:

  • The court assumes the claims against you are true.
  • You may lose the case without presenting your side.
  • You could face wage garnishment, liens on property, or other legal penalties.

3. You Will Be Charged for Multiple Service Attempts

Each attempt a process server makes to deliver legal documents comes with a cost, and those costs are often added to the total judgment against you. The more times a server has to track you down, the more fees you may be required to pay if the case proceeds. This can lead to significant additional expenses that could have been avoided by accepting service in the first place.

4. Your Legal Options May Become Limited

Avoiding service might mean losing your chance to fight the lawsuit effectively. If a default judgment is entered, reversing it is difficult and often requires proving that you were not properly served—a tough legal hurdle.

5. You Could Face Additional Legal Consequences

In some cases, intentionally avoiding service can be seen as obstructing justice, especially if you mislead or hide from a process server. While rare, courts do not look favorably on deliberate evasion.

 

Accept service of process or avoid it?

What Happens If You Avoid Service?

1. The Court Can Approve Alternative Service

If a process server cannot reach you after several reasonable attempts, the court may allow the plaintiff to serve you using alternative methods. These may include:

  • Substituted Service: The summons can be left with another responsible adult at your residence or workplace.
  • Posting Service: The documents may be taped to your front door or another visible area.
  • Service by Mail: A court may permit delivery via certified mail, and once received, you are considered served.
  • Publication in a Newspaper: If all other methods fail, the court can order service by publication, meaning a legal notice will be placed in a newspaper.

2. A Default Judgment May Be Issued Against You

If you continue avoiding service of process in Texas and do not respond to the lawsuit, the court may issue a default judgment in favor of the plaintiff. This means:

  • The court assumes the claims against you are true.
  • You may lose the case without presenting your side.
  • You could face wage garnishment, liens on property, or other legal penalties.

 

3. You Will Be Charged for Multiple Service Attempts

Each attempt a process server makes to deliver legal documents comes with a cost, and those costs are often added to the total judgment against you. The more times a server has to track you down, the more fees you may be required to pay if the case proceeds. This can lead to significant additional expenses that could have been avoided by accepting service in the first place.

4. Your Legal Options May Become Limited

Avoiding service might mean losing your chance to fight the lawsuit effectively. If a default judgment is entered, reversing it is difficult and often requires proving that you were not properly served—a tough legal hurdle.

5. You Could Face Additional Legal Consequences

In some cases, intentionally avoiding service can be seen as obstructing justice, especially if you mislead or hide from a process server. While rare, courts do not look favorably on deliberate evasion.

Why Accepting Service is the Smart Move

Rather than hiding, the best course of action is to accept service and respond appropriately. Here’s why:

  • You maintain control over your defense – You can challenge the lawsuit instead of having a judgment automatically entered against you.
  • You avoid unnecessary legal complications – Delays and additional motions can add legal fees and court costs.
  • You reduce financial liability – By accepting service, you prevent additional service fees from accumulating.
  • It demonstrates good faith – Courts are more likely to work with defendants who cooperate with legal proceedings.

Final Thoughts

Avoiding a process server might seem like an easy way out, but it often leads to worse consequences. Not only can you lose your case by default, but you may also be responsible for multiple service fees, adding to your financial burden. If you’re facing legal action, it’s best to accept service and consult an attorney to explore your options. The sooner you respond, the better chance you have at defending yourself and reaching a favorable outcome.

For more legal tips and insights, visit our blog at Process Servers of Houston!

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Can a Police Officer or Sheriff Serve My Legal Papers?

Process Service
Police officer served legal documents

The Importance of Due Process in the Legal System

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:

  1. By a sheriff or constable
  2. By a private process server
  3. By certified mail

Why Would a Sheriff Serve Papers?

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.

 

Sheriff served legal documents
© Houston Process Servers LLC. All rights reserved

Benefits of Hiring a Process Server

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.

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Process Server Portrayals in Media vs. Reality

Process Service
Serving Sarah movie

Process Server Portrayals in Media vs. Reality

Hollywood often takes creative liberties with the professions it portrays, aiming to entertain rather than educate. This tendency is especially apparent with less-understood roles like process servers, whose duties are often exaggerated or distorted to suit comedic or dramatic narratives.

Here’s how the real work of a process server contrasts with common media portrayals:

 

“You’ve Been Served”

One of the more accurate depictions of process serving occurs in the TV series New Girl, starring Zooey Deschanel.

In a memorable scene, a process server approaches Jess (Deschanel) and her friends in a bar. He identifies Jess, hands her the legal documents, declares, “You’ve been served,” and quickly leaves.

While this scene is somewhat realistic, there are notable inaccuracies. For instance, process servers typically serve papers at a person’s residence or workplace rather than at a public venue like a bar. Additionally, servers generally provide some context about the papers being served instead of abruptly exiting the scene.

Rude and Pushy Servers

The 2002 comedy Serving Sara, featuring Matthew Perry, paints a picture of process servers as rude, pushy, and even invasive.

Perry’s character, Joe Tyler, engages in exaggerated antics, including entering homes without permission, impersonating a home inspector, and catching the target off-guard with candid photographs. While these behaviors make for an entertaining storyline, they are far from reality.

In truth, such actions could undermine the legitimacy of the case, as due process must be served professionally. Process servers are trained to remain respectful and follow strict legal and ethical guidelines. Trespassing or impersonation, as shown in the movie, is not only unprofessional but also illegal and potentially dangerous.

Wearing Disguises

In the classic comedy Pineapple Express, Seth Rogen plays Dale Denton, a process server known for his outrageous disguises. In one scene, he even impersonates a doctor to serve papers in an operating room during surgery.

While process servers may occasionally use disguises to avoid suspicion, there are strict boundaries. Impersonating professionals like doctors, law enforcement officers, or mail carriers is against the law. Though Rogen’s antics make for comedic gold, they bear little resemblance to how process servers operate in real life.

Aggressive Recipients

The reality TV show All Worked Up often dramatizes the dangers process servers face. It follows Bryan McElderry, a New York-based process server, as he deals with hostile recipients. Episodes frequently show him being verbally abused or physically threatened.

While confrontations do occur in real life, they are far less frequent than the show suggests. Reality TV is notorious for staging dramatic scenarios or selectively editing footage to heighten tension. In reality, most process servers handle aggressive encounters by de-escalating situations and prioritizing their safety, often opting to revisit the recipient another day.

Reality vs. Fiction

Although media portrayals of process servers can be entertaining, they often sacrifice accuracy for drama or humor. In real life, process servers are trained professionals who adhere to strict legal guidelines, ensuring that due process is served respectfully and ethically. While their job may occasionally include challenges, it is far removed from the outlandish depictions seen on screen.

 

Professional Nationwide Service of Process

If you are looking to hire a process server, don’t hire a goof like Joe Tyler or an amateur like Dale Denton. When you need a professional to get the job done correctly, call Houston Process Servers!

We provide quick and effective service of process all across the Greater Houston area. Backed by our extensive database and over 10 years of experience, we offer the legal services you can trust.

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How Can I Serve Someone Who is Hiding? | Is it a Crime to Avoid Being Served?

Process Service
Process Server Served hiding Persons in Houston, Texas

The process server career has many opportunities to grow and earn a solid living, but sometimes, it involves challenges. As part of your regular duties, you must locate individuals and business representatives that need to be serviced by legal documents of various natures. The whole point of your job is to ensure the safe, accurate and documented delivery of papers.

So, what happens if you can’t find a person to serve?   How do you overcome this challenge to ensure a successful delivery rate for your clients?

 

How Can I Serve Someone Who is Hiding?

 

Process servers are given a lot of leeway in their duties. If you cannot locate an individual or business representative based on their most recent documented address, you will need to do a bit of leg work.

 

You should start by consulting public records and the database resources of your team. Odds are there is an updated address from a recent public event or listing that can give you the insight needed. It also helps to track down the individual’s place of business and social media account. Maybe they go to the same restaurant every Thursday night to meet up with friends. This is where your creativity is an asset to locating a target.

 

 

How Long Can You Avoid Being Serviced Divorce Papers in Texas?

 

In general, you can expect about a 60-day window from being served to having to respond. However, like most documents being delivered through a process server, there are other ways to receive those legal papers.

 

Many times, a partner will ask what can I do if my spouse refuses to be served the divorce because they are hiding their location. In that case, a professional process server will utilize other legal methods like mail, digital service, or even public posting. There are a few hoops to jump through first, but just because you cannot reach your spouse doesn’t mean the divorce is suddenly dead in the water.

 

Is it a Crime to Avoid Being Served?

 

It is surprisingly not a crime to avoid being served. However, you can experience a penalty for avoiding service of process by the Judge in your case developing a poor opinion about your actions. Judges are just as human as everyone else, and you do not want to be on their wrong side when they are determining a legal action against your private or business life.

 

You’ll find many people searching for tips and tricks on how to avoid being served in Texas without considering the implications. When you evade a process server, all you are doing is delaying the inevitable. Instead of meeting the situation head-on with your legal counsel, you are elevating the problem. The last thing you want is a default judgment to be made against you and be saddled with more debt or a massive legal situation that won’t go away anytime soon.

 

Defendant running out from Process Server.
© Houston Process Servers LLC. All rights reserved

 

What Happens if Court Papers Cannot be Served in Texas?

 

What happens if you avoid being served court papers in Texas? Other process serving methods are introduced to ensure all avenues have been pursued to notify you of a situation. This often includes substituted services that can mean notice in the newspaper, through the mail, posting on your home door, visiting your workplace, and more.

 

The problem with these methods is that it lowers your chance of having the time to prepare for your day in court. You want as much time as possible to overcome any legal situations with your counsel instead of making the courts angry and getting rushed into a bad outcome.

 

Where to Get More Process Serving Help

 

When you have a client or target who is doing their best to avoid being served, call on the expert team at Houston Process Servers. We have an exceptional success rate and leverage all kinds of techniques to ensure your target is properly and legally notified of an upcoming case.

 

Our team works primarily with business entities, lawyers, courts, law enforcement, and government agencies. That means we have an intimate knowledge of the system around the greater Houston area and can navigate the necessary systems and networks to better serve your legal documents. Schedule your service with us today and receive accurate and timely documentation of your successful delivery.

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Do Process Servers Call Before They Serve You?

Process Service, Jail Service
Process server served defendants by phone.

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.

 

Process server track phones of defendants
© Houston Process Servers, LLC. All rights reserved

 

Can Process Servers Track Your Phone?

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!

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How Late Can a Process Server Serve You in Texas?

Process Service
Process Server Came at Night.

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.

 

Process Server came at Early Morning
© Houston Process Servers, LLC. All right reserved.

 

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.

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Is it Legal to Lie to a Process Server?

Process Service, Jail Service, Locate Service
Black male on pink background asking question Is It Legal to Lie to a Process Server?

A process server delivers legal documents related to civil cases in a court of law. This could be something as small as a notice you need to appear as a witness to something far more critical, like a class action lawsuit against your business. For that reason, many people try to avoid being served by lying about their whereabouts or identity. So, is this legal activity?

 

Process Servers are not Officers of the Law

 

The short answer is that you can lie to a process server, but you have to keep in mind a few caveats. There are gray areas where you could be considered “Preventing Execution of Civil Process” under the Texas Penal Code. That states any person committing an offense by intentionally or knowingly by words or physical action prevents the execution of any process.

 

There is an exception, and that relates to evading service. In other words, you can lie about who you are and if you are home or not, but if the process server knows you are lying and hands you the documents, then you are officially served.

 

This is an area where contacting a lawyer is the best option. Once there is a legal proceeding against you, it makes way more sense to accept the documents you are being served and hash out your differences and legal actions in court. The process server is just a messenger. Their goal is to deliver documents from point A to point B.

 

A Futile Lie

 

A professional process server team like ours at Houston Process Servers follows strict guidelines over how we act and perform our duties. When someone is being intentionally evasive, we document everything and then refer that to the client or court. That often leads to an amended server situation where we can send documentation via mail.

 

In other words, you cannot evade being served forever. Even if someone lies on your behalf, thinking they are helping, all that is happening is you are prolonging an event that people want to conclude sooner than later.

 

You should also know that process servers are diligent in their reporting. You can lie to them all you want, but if they are anything like our team, they will document the interaction. While a process server may have no feeling one way or the other on a case, a judge that sees numerous instances of evasion, lies, or mistreatment of a process server may not look favorably on your position when a court date is finally set.

 

Can a Process Server Lie to Me?

 

Process Servers have to follow strict guidelines to maintain their business operations. That includes ethical treatment of people being served documents. While some tactics are understandable to reach a target, you should expect a process server to treat you with dignity, professionalism, and honesty about who they are and what they are doing.

 

We at Houston Process Servers take this seriously because we recognize the importance of our role in the legal system. Courts, law enforcement, legal teams, government agencies, and many other entities rely on our discretion and ability to perform. That includes acting professionally, so there are no errors or reasons for concern in a court. The last thing we would ever want is a case to go south because our team did anything outside the realm of appropriate behavior.

 

This is why we always emphasize the importance of hiring an experienced and reputable service team. Once a situation needs legal services, it does not make sense to risk the outcome because of a process server that lies or doesn’t document the actions of someone being served.

 

If you would like reliable and honest process serving services in the greater Houston, Texas area, use our intake form at Houston Process Servers. We are ready to deliver a timely attempt of your documents, so you get the verification and expertise needed to continue moving forward with your case.

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How To Avoid a Process Server in Texas?

Process Service, Jail Service, Locate Service
A process server pointing his finger on you. People avoiding a process server.

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.

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How Process Servers Identify Someone Avoiding Service of Process?

Process Service, Locate Service
Scared woman hiding from process server
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.
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How Process Servers Identify Someone Avoiding Service of Process? Read More »