Understanding The Process Of Serving Court Papers To An Individual
When you want to handover court papers to an individual, you have two different options available to consider. You can either send them via mail or you can get the help of an individual such as Houston process servers to get them delivered. Out of these two options, hiring one of the process servers Houston is the best option available to consider. That’s because it will help you to experience some prominent benefits. However, it is important to be aware about the process associated with serving court papers to an individual before you go ahead. Then you will be able to get rid of numerous doubts that you have in your mind.
If you want to file a claim, you will be able to get connected with the small claims clerk and do it as the plaintiff. Then the small claims clerk will be provided with the responsibility of delivering a copy of the claim to defendant. If there is more than one defendant, the clerk will need to focus on delivering a copy to each and every defendant. This is known as the service of process. Without going through this process, a lawsuit would not be complete.
The reason on why you should go ahead with this process is pretty obvious. The other party, or the defendant should be aware about the claims that are filed against him/her. In addition to that, the defendant should be made aware about the time, date and venue that they will have to be present in order to defend.
The papers are usually served within the state where you went ahead and filed the lawsuit. You are provided with the freedom to server the papers to any given corner within your state. However, this will get complicated if the defendant is living out of your state. For example, if you file the claim in Texas against someone in Iowa, you will not be able to sue that person. However, there are some exceptions to this. For example, motor vehicle accidents are an exception. The small claims court clerk will be able to provide more information about this. You just need to follow the directions shared by the clerk and move forward accordingly.
All the defendants who are on the claim of plaintiff should be served. There can be multiple plaintiffs as well. In such a situation, all the defendants associated with the case should be served. This is where the services offered by a process server Harris County will be able to help you with. The process server near me selected by you should not make any assumptions. For example, he should not inform the wife and expect the husband to know about it, based on the assumption that they live together. If the defendant is the husband, process server must ensure that the husband is served.
In some of the instances, you will not have a clear understanding about the location of the defendant. In such a situation, things will become even more complicated. That’s because the process server will need to locate the defendant and handover the papers. You might not personally know the defendant. In such a situation, you will be providing some basic information to the process server Houston you pick. The process server will need to get the most out of information you provide and proceed with locating the defendant. Then you can proceed with the lawsuit without facing any major issues.
What is personal service?
Personal service is getting the assistance of an individual to handover the relevant papers to defendant. This is where a civil process server will be able to assist you with. There are numerous ways available to get the job done. It is up to you to analyze the different options and proceed with the best option out of them.
You should be mindful when going forward with this process. For example, if the process server is not aware about the defendant, there is a risk for him to handover the legal papers to someone different. It is important to make sure that such a thing doesn’t happen. It would be the responsibility of the process server to locate the right person, verify him and then handover the documents. This is where you should pick one of the reputed and reliable Houston process servers.
Below mentioned are the different options available for you to consider when handing over the documents via personal service.
Marshal, sheriff, or constable
In all states of the country, law allows personal service to be offered by legal officers. However, it is also important to keep in mind that not all the legal officers will go ahead and serve civil subpoenas. When you go ahead with this method, you will be able to experience its sobering effect. Hence, it is worthy for you to consider when moving forward with this method. There is a fee associated with this option. You will be able to add that fee into the judgement and get that upon your win.
Private process servers
Getting the help of a private process server is one of the most popular options available for the people who wonder “who servers papers for court”. Texas allows people to seek the assistance of a process server. There are numerous process servers available to cater the demand. You can do a simple research on the internet and locate a process server who can help you with the need. The service charges for a process server vary based on the duration that you obtain offered service.
Getting the service offered by a disinterested adult
If you don’t want to go ahead with any of the above-mentioned options, you may think about obtaining the services offered by a disinterested adult. This is something that people in Texas can do according to the law. However, the person you select should be at least 18 years of age. You can get the help of a friend or a relative. However, you should request for approval from the courts and obtain approval before moving forward.
These are three of the best options available to get the relevant papers delivered to the defendant. You are strongly encouraged to follow these options at all times. Using a mailbox is not the best option available to consider. That’s because a mailbox is not personal enough.
Regardless of the option that you select out of above-mentioned methods, you will be able to handover the papers to the defendant. You are never encouraged to leave the papers at the doorstep or mailbox of the defendant. On the other hand, you should not send them to the workplace of the defendant.
In some of the instances, the process server Houston will be able to locate the defendant, but he will refuse to take the papers. Or else, the defendant can even attempt to run away or act hostile. In such a situation, the process server should keep the papers there and leave. According to the law, this ensures that papers are properly handed over. It is important for the process server not to force the defendant to accept the papers. There is no such need to do it.
Locating the best process server in Houston Texas
As you can see, seeking the assistance of one of the process servers Houston is the most convenient method available to get papers delivered to the defendant. However, you should also be careful to locate the best process server who can help you with it. Then you can obtain the service without facing any major troubles.
You might feel that obtaining the assistance of sheriff’s office is a good alternative. However, most f the sheriff’s offices in Houston are not offering this service to the people who are in need of them. That’s why you should always get the assistance of a private process server. You will be able to hire an individual or a company to get the job done.
There are some fraudulent individual who act as process servers as they are interested in making some quick bucks. You need to have a clear understanding on how to stay away from them and locate the ideal process server who can help you with the job.
You need to do some background research on the Houston process servers. It is always a good idea to go for a company than getting the assistance of an individual. Then you will be able to trust and proceed with getting the service you want. When you do a bit of a research about the company, you will be able to uncover lots of useful facts about it.
One of the most important factors you need to consider is the duration that process server in Houston Texas has been in business. You should verify that the process server company has existed at least for several years. Then you will be able to keep trust in the company and obtain their services.
You will need to inquire about license of Houston process server as well. It is possible for you to find these details on the website of civil process server in Houston. If you don’t find the information in website, you may simply get in touch with the company and inquire about them. Then the information will be delivered to you promptly. If the process server is taking time unnecessarily to provide you with requested information or if the company is rejecting to handover the information, you will need to take that as a red flag. Based on that, you should stay away from moving forward with that company. This will help you to keep the peace of mind in the long run.
The small claims court clerk will also be able to provide you with recommendations on trusted process servers in the region. In fact, the court clerk is maintaining a registry of the process servers. You just need to go through that registry and locate an individual who will be able to deliver the support and assistance that you want. If you can get in touch with any of the lawyers, you may ask for recommendations. That’s because process servers often maintain strong relationships with the lawyers. Hence, your lawyer will be able to provide you with some solid recommendations based on the personal experience that he has.
Handing over the documents via certified mail
There is a possibility for you to handover the documents via a certified mail service. It is worthy to take a look at this option as well. This is something that you can legally do in most of the states, including Texas.
When you are sending the documents, you will need to make sure that you request for a return receipt. Then you will be able to double check and verify whether the documents are properly delivered or not. This is an option that you can consider. Even though it is not effective as hiring a personal process server, people with a tight finances can take a look at the option and come to a decision.
In certain states, this would be the recommended option. In here, court clerk will take care of handling the documents. The court clerk will use Certified Mail Service in order to send out the documents to the defendant. You will have to pay a small fee for it. You will be able to recover this small fee upon your victory over the case as well.
This is one of the cheapest methods available to consider. On the other hand, the process is relatively simple and you will not have to do a lot of work. However, the defendant should sign the recipient of the documents for it to be effective. This is something that can lead you to troubles.
Most of the individuals and businesses tend to sign the documents that they receive. However, there are certain groups of individuals who never go ahead with it. They have learnt their lessons from previous experiences or they know what is coming on their way. According to a recently conducted experiment, it was identified that only around 50% of the legal documents sent via certified mail get accepted. You should understand the risk factor associated with this and use the certified mail service to handover the document.
Imagine what would happen when you use this method and fail to handover the documents. Then you will have to seek the assistance of a process server again. This will not just make you waste your time unnecessarily, but can also make you spend more money. Instead of taking such a risk, it is worthy to get the assistance of a process server as the very first option. Then you are not dealing with any risk and there is no need to worry too much about anything. That’s because your civil process server will be able to take care of the job and deliver the assistance you want.
Most of the people refrain from obtaining the services offered by a process server Harris County as they believe that the process is expensive. The good news about hiring a process server is that you will have the freedom to add the service fee of the process server into your claims in the judgement. If you win the case, you will be able to get that amount. Hence, there is no need to worry too much before you obtain the services offered by a process server.
Using regulated First-Class mail to send documents
In few states, there is a possibility for you to send out the documents via first class mail. However, there is a time limit given for the defendant to provide answers to your complaint. If you don’t hear from the defendant within that time duration, you will need to look for an alternative. That’s why it is worthy to hire a process server. You will be able to double check for the availability of this service in your state from the court clerk.
Getting substituted service
There are instances where the process servers find it as a difficult task to serve some of the people. That’s because those individuals have developed their skills to refrain from getting papers. You should be extra careful while you are trying to handover the documents to such individuals.
For example, your process server will come across a situation where the defendant is no longer working. This is where you will be able to go ahead with the nail and mail method or substituted service. In other words, you will be able to ask the process server to tack a copy of the door of the defendant. You can obtain another copy and mail that to the defendant.
Serving the documents to a person with a post office box
During certain instances, you will only have information about the post office box of the defendant. In such a situation, it is important for you to get the street address of the person to proceed with serving the documents. This is where you will need to request for the street address from the post office. You will have to provide a written document to the post office and request for it. In the document, you should clearly write that you are requesting for the address in order to serve the legal papers that are associated with a pending lawsuit. This method will be able to deliver positive results to you in some of the instances. But if you come across a situation where this method is not working, you should refer the employee at post office to the Administrative Support manual of the Post Office.
Serving documents to a person in military
If you come across a situation where you will need to serve documents to a person who is actively engaged in military, you can go ahead and do it. If the person who works for the military shows up, you don’t have to do a lot of work. However, you will run into a problem if the person doesn’t show up. It is true that you have the possibility to go for the default judgement, saying that the person didn’t show up. However, this will not be possible because the person that you sue is someone who is working for the military. This is applicable only to people who are actively working for military, but not in reserves.
You will not be able to take any default judgements against people who are actively working for military. That’s because some special protections are given to the people who are actively on duty. You will need to go through a different process, where you will have to file a statement under the penalty of perjury, stating that the person is not in military. You will be able to access this service from the clerk. Then you can proceed with handing over the documents.
Proof of service
When you ask the clerk to send the documents to defendant via registered mail, you don’t have to do any work. That’s because the clerk will take care over the process of notifying the defendant. However, the signed receipt that indicates proof of delivery of the documents will come to the clerk. Hence, you should get in touch with the clerk and understand whether the documents were successfully delivered or not. The proof of service should be signed by the individual who makes the service. In fact, it is being used by the plaintiff and defendant. The documents will come to the office of the clerk.
Final words
Now you have a clear understanding about the different options available to serve documents to a defendant. Take a look at these different options and pick the best one. Out of all these options, we believe that hiring a process server is the best option available for anyone to consider.