Is it Legal to Lie to a Process Server?

Process Service, Jail Service, Locate Service

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.

How Process Servers Identify Someone Avoiding Service of Process?

Process Service, Locate Service

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.

How Process Servers Identify Someone Avoiding Service of Process? Read More »

Can a Process Server Serve Papers on a Holiday?

Process Service

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.

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Can You Be Served By Legal Documentation at Work?

Process Service

Being served legal documents is something that happens to a lot of people. It’s normal, and although it can be stressful, the vast majority of people are already familiar with the process.

Process servers are the people who deliver legal documents on behalf of someone else like a court, attorney, law enforcement, or business. Process servers will try to make contact with their intended target of the documents using any method possible.

If they cannot get in contact with you directly, they will usually leave a notice instead so that you know what has happened and why it was you need to get in touch. Sometimes that includes reaching out to your last known place of employment.

Is it Legal to Be Served at Work?

It depends on the state, but for the most part, a process server is allowed to serve you at your place of employment. They can deliver the documentation to you directly or to someone else at the business that is authorized to accept legal paperwork on your behalf. Those deliveries are usually more for businesses and not for individuals.

In rare circumstances, a process server will need to get permission before entering a legally gray area like somewhere that deals with the private rights of a client or customer of your business. However, these are rare. A process server is allowed to serve papers:

At your home
In a public space
At your work
Via certified mail
With an authorized designated party

Isn’t This a Bit Humiliating?

The vast majority of process servers understand how being served at work can be embarrassing. Part of the process server’s code of conduct is to treat everyone with respect while being candid and truthful.

That is why most process servers will attempt a delivery aligned with your role. If a business is being served, then you can expect the first attempt to be at the workplace. If a private individual is being served, there is a good chance the first few attempts will be at their place of residence or a public space where discretion is preferred.

A process server can attempt to make delivery any time of the day or night. The only exception is on Sundays.

Can’t I Just Ignore the Process Server?

It is not uncommon for some recipients to feel attacked or targeted by a process server, even when every courtesy has been extended. This is because being served with papers is rarely a welcome situation. It could mean everything from divorce to having to appear in front of a court.

If you choose to while they are performing their duties, they can drop them beside you or leave them on your windshield if you refuse to lower your window. Avoidance is not going to stop legal actions from taking place.

What if I’m Not at Work?

If you are not available at your workplace, a process server can still serve you. Process servers can serve individuals at their place of business, place of employment, place of education, and any other public place where they are likely to be found. Process servers may also serve individuals who do not live in the same residence as the party being served.

It helps to know ahead of time if you are being served. This way, you can better prepare yourself for the situation and turn over the paperwork to your legal counsel. If a server is not respecting your privacy or being intrusive in any way, don’t hesitate to call their boss.

Working with professional and respectful process servers around the Houston area is the best option. Our team is dedicated to performing our services with dignity and pursuing all reasonable opportunities as far as possible. That is why we are well known in the Houston area for our commitment to success and professionalism. If you have legal documents needing to be served, reach out through our intake form.

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What Happens When People Try to Avoid Process Servers?

Process Service

Woman hiding from process serverWoman hiding from process server

It is a bit of an all too familiar scene. Someone is issued a ticket or knows of a legal situation about to unfold and decides the best course of action is to avoid any possible process servers. We see it all the time in movies and funny videos where people go through extreme measures to remain undetectable.

Like most entertaining stories, the reality is far less exciting. Our team at Houston Process Servers has been working in the greater Houston, TX area for years and rarely comes across individuals or businesses actively trying to avoid our contacting them. However, in those rare cases, we thought it a good idea to outline what generally happens next.

Is Avoiding a Process Server Illegal?

In most states, it is not illegal to avoid a process server. It is, however, incredibly unwise. Not only are you dragging out a legal proceeding, but you are also now showing your unwillingness to corporate. People do not often understand that if our expert team of process servers working around Harris County cannot do our jobs, we will pursue other legal avenues to ensure your case moves forward.

Texas is pretty good about offering secondary lines of contact to ensure all legal attempts are made. A good example is someone facing a large amount of debt. The longer you let the legal proceeding drag on, the more debt and fees accrue. When we finally do reach you or show proof of service through another legal avenue, you will be faced with a much more challenging circumstance.

In the end, it makes way more sense to hire legal representation and face the situation head-on.

What Could the Consequences Be if I Avoid Papers?

We have an exceptionally high success rate with our process server team. This is due in part to the other parts of our business, like being notaries and skip tracing experts. It is also because we have spent years developing a solid network of connections and learned how to best navigate the legal system. In the rare cases someone slips through, they will probably face:

Secondary Tactics

If our team has to establish that every effort was made and you were still unreachable. We will pursue other legal pathways that are recognized by the local Harris County courts. This could include serving legal documents to a close relative or showing up at your workplace, which can be embarrassing. There are also phone and technology-based methods that the courts now recognize.

Default Judgment

The last thing you want to have happen is the court to make a default judgment against you. We are good at our jobs and will show evidence to a court that every single attempt was made, documented, and sent to our clients. Unfortunately, that leaves little wiggle room and often ends with the courts making a default judgment against you.

This is not a good situation to find yourself. It can result in an official court summons, garnished wages, property seizures, and even a warrant for your arrest. When you avoid our process servers in Houston, TX, you are only escalating the legal issues that may be easier to handle than you think.

What Happens After I Am Served?

Our clients tend to be from large businesses, legal firms, law enforcement, government agencies, and the court system. Our professional process servers are not involved in anything other than the focused area of expertise we provide to our clients.

That being said, we know how the process works. Once your papers are successfully served, our team will immediately send a notification to our clients. This means the legal clock has started ticking. Even if you are 100% not liable, guilty, or responsible for whatever legal proceeding is unfolding, you have a set amount of time to respond to the documents before another legal issue is triggered.

While we cannot offer legal advice of any kind, it may be a good idea to seek legal counsel when you are served papers. A qualified lawyer can explain what is happening and what steps you should take next.

Hire an Expert Team Like Ours

The best course of action is to accept what is being offered and move on with your life. In most cases, the situation can be clearly explained during legal proceedings, and a resolution can be met, so everyone is satisfied.

If you are someone in need of professional process service in the greater Houston, Texas area, contact our experienced team at Houston Process Servers. We have spent years perfecting our craft and have one of the highest success rates you will ever find.

Start by filling out the quote form on our main website page. Once we receive your order will kick into action, often making our first attempt within the first 24 hours of your order being placed.

We are a dedicated team of experts who leverage every connection and legal pathway to ensure our reputation for excellence remains intact. We even offer process services to the Harris County Jail. So reach out today and let our process server team get your legal document to its intended destination as quickly as possible.

What Happens When People Try to Avoid Process Servers? Read More »

How Long Does it Take for Papers to Be Served?

Process Service

One of the first questions we get asked as professional process servers in Houston, TX is about our timeline. Clients want to be sure their paperwork is filed with the court system or other legal entities within the strict time limits imposed by their individual situations.

We wish this could be an easy answer, but unfortunately, there are many factors that go into how long it takes for papers to be legally served. Even though we have an incredibly high success rate in our industry and make our first attempt within the first 24 hours, extenuating circumstances can always pop up.

Regardless of the situation, we will pursue every avenue possible. That is why our process servers are so valued around Harris County because we do not give up easily. We have the experience and professional network of contacts to ensure every attempt has been made before pursuing the next stage of your legal situation.

How Does Process Serving Work?

At its core, process serving in Houston, Texas is all about consistency, professionalism, and experience. Luckily our team has all three in abundance. Whenever someone from law enforcement, legal firms, businesses, or courts needs documents delivered to an individual or business, they hire a team like ours to ensure those documents reach their intended destination.

The benefit of using process servers is that it saves your organization time. Instead of having to do all the busy work of tracking down the correct person, making a documented history of the delivery, and confirming everything with the courts, we handle it ourselves. Our ability to succeed in this industry is why so many organizations rely on our expertise whenever they need a legal document or notice delivered.

The national average is around 5-7 days to serve papers, but we tend to succeed significantly quicker, often making our first attempt within the first 24 hours of your order.

What Slows Down the Process?

There are a number of factors that can lead to a challenging delivery. The vast majority of the time, the person or business receiving the legal documents is already aware of the situation, and it is just a matter of physically making the delivery.

In those rare cases where someone is trying to evade delivery, we utilize our experience working with local authorities and leverage our network of connections to ensure the successful completion of your order. We have a team inside our Houston Process Servers business dedicated to skip tracing. That means we have quite a bit of knowledge and experience working with individuals that do not want to be found.

Again, most cases are straightforward. Even when we cannot initially reach a target, it is because they were visiting family, under the weather, or some other personal reason that is quickly handled, so your timeline remains intact.

Do You Do Anything Different for Faster Delivery?

Yes! We at Houston Process Servers have worked in the local Texas area for years, developing a solid network of contacts and learning the ropes of how to navigate the legal arena. We provide different levels of service from routine to same day, depending on your needs. We can even make delivery within the Harris County Jail.

Part of our business includes Notary services which also speed up the process a bit, especially for those clients looking to conclude certain legal proceedings. We also offer bespoke night or evening hours, meeting precise times of the day, or delivery within the workplace. For us, it is all about ensuring a successful delivery with the appropriate confirmation as often as possible.

Where Can I Get Started?

Everything begins by using our quote form on our main website homepage. There you can provide all the information needed to serve your papers. We use technology and automation wherever possible in our business to speed the process up and will confirm every attempt, including the successful delivery of your legal documents.

Stop trying to use process servers that do not know the area or local laws. Stick with a team of professionals right here in Houston, TX dedicated to exceptional customer service and work quality. Contact Houston Process Servers today, and let’s get your timeline back on schedule.

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What Manner of Service to an Individual Means?

Process Service

Around our country, individuals support the legal and court systems by delivering notifications of proceedings ranging from divorce papers to debt collections. These hardworking individuals must meet specific standards and conduct their business in such a way that a clean line of communication with verifiable receipts can be traced. That is why courts like to use them. It makes it easier to see the exact time and place people have received notifications during a hearing.

These people are known as process servers. Harris county process servers need to be constables, police officers, 18+ court-designated individuals, or JBCC certified members who have shown they have the knowledge and capability to conduct their job role.

While that may make them capable, it doesn’t ensure they can get the job done. Most people on the receiving end of these notifications do not want to be available because it means they will have to spend time and money dealing with a legal issue. That is why working with a professional and experienced team like those at Houston Process Servers, LLC is so critical to your proceedings. You want a process server in Houston, TX to have a network of connections and a proven track record of reaching the individuals you need to be served.

What is Manner of Service to an Individual?

The problem is that amateur process servers may leave important documents with a family member or friend at the designated address, never realizing they have not properly delivered correctly. Professional process servers in Houston understand that the individual means just that – the legally designated individual on the paperwork, no one else.

There are pages of rules set by the State of Texas for how Harris country process servers must conduct their business. This includes the manner by which delivery of documents is conducted and what constitutes a legal notification. This can be everything from attempting delivery to what is meant by the “immediate presence” of an intended individual. Some of these rules include:

Rule 106:

This allows legal process servers in Houston, Texas to notify individuals who cannot be reached via anyone over the age of 16 at the legal address or in any other manner that shows it is “reasonably effective to give the defendant notice of the suit.” These extraordinary circumstances must be supported by a motion and statement showing that attempted delivery was ineffective under normal circumstances.

Rule 109:

Process servers in Houston can complete their duty via publication under this rule by first showing they have conducted the proper due diligence of contacting each address listed by the legal individual. If none are effective, a court can allow the process server publication privileges.

Rule 109(a):

This is generally conducted by an officer where the court can allow publication of the notification to a close family member, relative, friend, or attorney and appoints an attorney ad litem to represent the defendant. In both 109 and 109(a), these are rare substituted services that require an intimate knowledge of procedure and law.

501.2(b)(e)(f):

These rules outline the manner of delivery via certified mail, restricted delivery, and other detailed notification methods. There are literally pages of information related to following these rules that those without proper training may not know of or may inadvertently disobey simply from lack of experience.

Why Work with Houston Process Servers, LLC

The point is, as the courts update the proper legal procedures for process servers in Houston, it is crucial that you work with experienced professionals who have the skills and network to navigate these unique ordinances in order to successfully deliver your proceedings. The last thing you want to happen is to drop your suit because the process server you hired misdelivered the information to an Aunt or friend of a friend instead of the intended individual.

Houston Process Servers, LLC can help you with this challenge. They have a team of hardworking experts that understand how to ensure your documents are delivered correctly, on time, and with the accompanying paperwork that takes the pressure of this part of your legal journey. Reach out to their team today to schedule an appointment or get your questions answered. They have years of experience working in and around Harris County and understand how to find those individuals you need to serve.

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How Process Servers in Houston Conduct Manner of Service to an Entity

Process Service

When you hire a trusted professional process server in Houston, TX, you want to ensure they follow the proper local and state guidelines to conduct their service correctly. Otherwise, you run the risk of the designated entity not receiving the notification needed to conduct legal proceedings or being able to declare it not properly served because it wasn’t handled by the book. If they can say the information was never adequately delivered, they can avoid the business you are trying to conduct.

What is Process Serving to an Entity?

When you hire a process server in Houston, you are securing an authorized private organization, team, or sever to inform an entity of any proceedings against them that require their attendance or legal response. This can be anything from a lawsuit to a written notice of debt owed. In rare instances, it can also be a subpoena for members of an entity to appear in court.

The difference between an individual and legal entity is in their designation with the local Harris county office, state, or federal identification. An entity could be a business, organization, group, partnership, or others that have conducted business or operates as a group instead of a single person.

While such entities do experience some legal and financial protection by their incorporation (LLC, Partnership, Inc., etc.), they are not free from legal proceedings. That is why the manner by which they receive their notifications or legal documents is crucial to ensuring a clean trail of communication and custody by professional Harris county process servers. Everyone involved in the legal proceeding needs to know the who, what, where, how, why, and most importantly, when of a legal process serving.

What is Manner of Service to an Entity?

To serve papers or notifications to entities, you must use a constable, sheriff, a person over the age of 18 years formally authorized in writing by a court, or a person certified by the JBCC. If you hire a company without these authorizations, your documents are not considered delivered or served.

In some rare circumstances, process servers in Houston, Texas can send a citation via mail, but for the most part, an entity will be served through an individual person. Almost all business, corporate, and organizational entities have a designated person to receive such legal notifications. This can be the CEO of a company or the special representative as outlined by their articles of incorporation.

That is why hiring a professional company like Houston Process Servers, LLC is important. They know how to identify these individuals by combing through the physical and digital paperwork to ensure your notification is being properly delivered with receipt verification.

Registered agents of a business or organization must maintain a current address where any process service will be received. The challenge is that there are companies whose sole purpose is to receive legal documents on behalf of another business or businesses. That means untrained individuals may inadvertently try to deliver notifications to a single agent without specifying the entity they are notifying. Again, this is why you want to work with professional process servers.

Where to Get Started

There are little-known laws and ordinances for different situations that most people do not need to know or want to know. That could include who to serve if the designated agent of the entity is out of town or tragically unavailable or even if service is allowed to a business clerk inside the entity.

The point is, with so many rules and regulations, hiring a professional like Houston Process Servers, LLC is the best way to ensure your documents are reaching the entity’s designated agent on time and with proper paperwork. Save yourself the headache of trying to learn the unique ins and outs of this communication and leave it to the experts so you can focus on more important things. Reach out to the expert team of experienced team members at Houston Process Servers today!

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What Would Happen If A Person Refuses To Be Served?

Process Service

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 in 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.

What Would Happen If A Person Refuses To Be Served? Read More »