Local Process Server

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 accepted the papers personally.

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.

A man watching for a process servers

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.

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

Process Service
What Happens If You Avoid Process 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!

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.

Process Server Portrayals in Media vs. Reality

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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.

What is a Restraining Order? | How is a Restraining Order Delivered?

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What is a Restraining Order in Texas?

A restraining order is a court order that can be obtained by a person who believes they are in immediate danger of harm from another person or persons. The goal is to provide that person with legal protection from another party until things are allowed to be further investigated.

A restraining order protects the victim and their dependents from being harmed, threatened, harassed, or stalked by their abuser.

The judge may issue an emergency protective order without notice to the respondent if there is good cause for immediate action due to threats of physical violence made against the applicant or their children.

 

What is a Restraining Order?

A restraining order is a type of civil court order that protects an individual from harassment, stalking, or threatening behavior. A person who feels threatened by someone else can obtain a restraining order to legally protect themselves.

In Houston, Texas, and other jurisdictions, restraining orders may only sometimes be issued after the defendant has been given notice of the intended action and an opportunity to defend themselves at a hearing before a judge.

Restraining orders are sometimes called “domestic violence” or “domestic abuse” orders. However, it’s important to remember that not all restraining orders stem from domestic violence. They can be issued in situations where there was no physical contact between the parties involved in the case (such as between neighbors).

Learning what is a restraining order simple helps to clear up which party is in distress.

 

What is the power of restraining order?

A restraining order is a court order that prohibits a person from contacting or going near another person. A restraining order is a civil proceeding and not a criminal one. The primary purpose of this court action is to keep the parties separated for their own safety and welfare, as well as for the protection of their children and others who may be vulnerable under their care.

Restraining orders can have varying degrees of power depending on your state’s laws, but they are legally enforceable anywhere in America so long as they have been issued by an appropriate authority (typically a judge).

This means what is the purpose of a restraining order may have the same impact in New York as it did when the restraining order service was issued in Houston, Texas. The legal ramifications may be harder to navigate, but the order often remains in place.

What is the Difference Between a Protective Order and a Restraining Order in Texas?

A protective order is a type of civil court order which can be issued by a judge in a civil case. A protective order is not the same thing as an arrest or criminal charge.

A restraining order is also called an injunction or an anti-harassment order. They are all different types of orders that have been used to address violence and harassment in Texas family law cases for many years.

The primary difference between what is a restraining order number and receiving an order of protection has to do with the immediate threat of violence. A protective order is often direct or used in emergencies because the court views one party as in danger from the other party.

 

How is a Restraining Order Issued?

If you are the victim of domestic violence or stalking, you can file a petition for a restraining order in court. The court will then decide whether to issue a temporary restraining order or a permanent one.

You can also request that the judge issue an emergency protective order (EPO). An EPO will temporarily restrict the abuser’s access to your home and other personal property until your hearing date. If it is an emergency, it is recommended that you file online instead of at the courthouse so that you do not have to wait in line before filing your petition with the court clerk’s office.

Once you have filed this document with the appropriate clerk’s office, they will provide instructions on how best to serve it on your abuser.

Typically this involves serving both parties by mail with certified copies of all documents relevant to this case or hiring a private restraining order delivery service to ensure the documents arrive on time to the accurate party.

 

Who Can Issued a Restraining Order?

A restraining order can be issued by a court, judge, or court clerk. In some states, law enforcement officers can also issue a restraining order, but that tends to be by an elected official like a sheriff.

This is important for you to know because it gives you an idea about who will be able to serve the restraining order on your ex-partner and when they will do so.

While the issuance of a restraining order is by a high legal authority, how is a restrainer order legally served can be completed by restraining order servers near me you find online.

 

What is a Restraining Order and Summons Difference.

A restraining order is a court order that can be used to protect you from another person. A summons, on the other hand, is a notice of a court hearing.

A restraining order is used in civil cases and requires you to prove that there’s an ongoing threat of harassment or harm against you. If the judge grants your request for a restraining order, this means that the person named in it cannot contact or come near you without risking arrest.

On the other hand, if someone has been charged with criminal charges or is part of a lawsuit, a court may issue a summons to require that person to show up for a legal proceeding.

 

How is a Restraining Order Served

A restraining order can be served by a sheriff or police officer of the county where you live. If you are over 18 years old, you may serve your own order. If someone else serves it for you, they must be at least 18 years old and not have been convicted of a felony or domestic violence offense within the past seven years.

The best option is to work with a professional restraining order process server company with a history of success and trustworthiness for acting in accordance with current legal standards.

 

Can You Get Around a Restraining Order?

If a restraining order is issued, it’s against the abuser. The person being accused can’t just ignore it and think they won’t get in trouble. When an abuser ignores a restraining order, they’re breaking the law—and can face serious consequences.

If you’re worried about getting around your own or someone else’s restraining order, know that this is not legal in any state in America. In addition, if you try to contact someone who has received a restraining order against you while they are under protection from abuse, you could be arrested and put in jail for contempt of court or violating the order.

 

How Do You Respond to a Restraining Order?

There are plenty of cases when a restraining order was issued in error or without the full extent of the facts. Even if you have a restraining order process server deliver your paperwork, that is not the end of the situation.

You can contact a lawyer to fight the restraining order by demonstrating that is no need and that you have not made any threats.

Conclusion

A restraining order is a court order that aims to stop one person from harming another person. A restraining order can be issued by either a judge or magistrate in a criminal case or by family law judges in family law cases.

In most states, including Houston, Texas, you can get a temporary restraining order without going to court, depending on the severity of the need.

No matter what, you should hire a professional restraining order delivery service, so you do not risk being around the other party. Hopefully, this will keep you safe while the total weight of the legal situation is explored by a court.

What is a Writ of Summons and How is it Delivered?

Process Service
Process server delivering people writ of summons

The wheels of justice must continue to turn, even if they seem slow to others. A critical factor of our legal system is communication. It may seem odd to think of, but whenever there is a dispute between people, businesses, and other entities, there must be an opportunity for both parties to respond. While process servers deliver a variety of legal documentation, it is not uncommon for that to include a writ of summons.

 

What is a Writ of Summons?

A writ of summons is a court order requiring a person or entity to respond to a lawsuit. In general, writs are not used in every case. Instead, they are specific to lawsuits that are related to civil proceedings and criminal law.

Once the writ has been sent out, it must be served on the defendant before any legal action can occur. A person who receives a writ of summons must acknowledge it and attend court at the appropriate time and date. Failure to comply with these terms could result in additional penalties against them.

 

 

 

As you can imagine, there are many parties to a lawsuit. This could be a business suing another business for copyright infringement or a government agency suing a landowner for property rights. Either way, courts, law enforcement, and government agencies rely on a writ of summons as part of their activities in enforcing and upholding the law.

 

 

What is the Summons and Subpoena Difference?

What is a service of summons versus a subpoena received? Serving a writ summons starts at the beginning of a legal court case. It is one of the first actions to order for writ summons to compel someone to appear.

A subpoena is different in that it can be issued anytime during a trial. Most of the time, a case has already begun, and the person receiving the subpoena has some form of evidence relevant to the case in question.

An order for writ summons means you are the target of a case and not just presenting evidence.

 

What Information is Included in a Writ of Summons?

Every state will have its own regulations regarding this legal instrument. For example, Texas requires:

  • Plaintiff’s name (entity filing the complaint)
  • Defendant’s name (entity being sued)
  • Name and Type of Court
  • Case Number
  • Brief of the Case
  • Options for Response
  • Deadline for a formal response

 

 

© Houston Process Servers, LLC. All rights reserved

What’s a Summons Number & Type?

There will be a summons number on the document being sent via a summons delivery service. This is used to track the writ charges throughout the process.

It’s important to keep this number in mind, so you know the status of a writ as it moves through service, delivery, and recording.

There are also types of writs that are different. For example, a writ of appearance compels an individual to physically or virtually be present during a court case. Whereas a writ of retrieval has more to do with property.

If someone at a residence denies entry to a legal authority, a writ of retrieval can be issued so the property can be brought to the court or appropriate designee.

 

What is a Writ of Assistance?

This is another unique writ served that directs a party to send or turn over a legal document, property deed, or some form of right of ownership for a property. You usually see this serve a writ action during an eviction or at an auction.

 

Why Is a Writ of Summons Important?

If you are being sued, you must respond quickly. A writ of summons is the first document that must be served to you in order for the legal process to begin.

The person who files this claim against you must serve it on you correctly to start the case moving toward trial. Serving this document correctly ensures that everything progresses according to schedule and allows both sides time to prepare their cases before a trial begins.

When served correctly, a writ of summons helps protect both parties’ rights while they prepare their cases so that they can present them at trial without any surprises or missed opportunities for discovery (evidence gathering).

How is a Writ of Summons Delivered?

A sheriff can deliver a writ of summons on your behalf, but you need to submit a request to the local clerk, which may take some time as they have other duties. The best option is to hire a professional process server like our team at Houston Process Servers. That way, you will get verifiable confirmation that an attempted delivery has been made and the entity being sued is either choosing not to receive the writ or cannot be located.

 

 

As most writs have a formal deadline, a process server will be more reliable. The sole function of a process server is to maintain the timeline of courts by delivering legal documents in an orderly fashion. You would not want to fall behind in your duties by something as simple as missing any deadlines.

A process server will attempt delivery of the writ of summons in person at the entity’s home, place of business, or with the registered agent.

 

 

What Happens After a Successful Delivery?

Once the writ of summons has been successfully served, the court will send a notice to appear in court. The party issued with the writ will receive this notice, which tells them when they need to attend court and what they need to bring with them.

 

 

 

It’s essential to remember that this is not an actual hearing. It’s just a pre-trial meeting where both parties can discuss their arguments and learn more about how things work at your local courthouse.

 

 

You’ll also receive a notice from the court stating whether or not there have been any changes made since last time (e.g., if someone else was added). If so, make sure these changes are reflected on any documents or contracts.

 

What Should I Do if I Receive a Writ of Summons?

If you receive a writ of summons, it is crucial to respond to it. You can ask the question of who is responsible for serving a summons in case you disagree with that process after you have responded to the courts first.

The writ will tell you how long you have to file your response and what kind of response is required. You may need to file an answer within a certain number of days or ask for an extension of time in which to do so.

If you do not answer in time, the court can enter a default judgment against you based on the information provided by your adversary.

You may also want an attorney’s help with your case if:

• It involves complex issues or factual disputes that are difficult to understand
• You have been sued in another state
• The other parties are represented by attorneys, and they have filed papers requesting specific legal procedures like discovery

Process server delivering people writ of summons

Can I Ignore a Writ of Summons?

You can ignore a writ of summons, but that can have serious ramifications.

For example, if you do not appear in court on the date of your summons, then the court may enforce penalties or legal processes.

A writ of summons is considered to be a lawful document when it comes from an official authority such as a judge or attorney general.

However, just because someone who is not authorized has served you with one doesn’t mean that it is considered valid. If you are unsure whether or not a person is legitimate and has been properly appointed by their office, seek legal advice before taking any action based on their authority.

The worst thing you can do is completely ignore such a document as a writ of summons. If you are being contacted, it is because you are needed for a legal case. Ignoring this can lead to fines, penalties, and worse.

The best thing you can do is speak with a legal representative, like an attorney, to clear up the situation and help you prepare for any pending litigation.

No matter what you decide, hiring a team of professionals to serve a writ of summons ensures documents are properly delivered on time and to the correct party.

Does a Process Server Have to Identify Themselves in Texas?

Process Service
Process server wearing like waiter serving defendant

Process service is a critical function of our legal system in the United States. Texas is a shining example of how a process server in Houston and other areas must perform their duties, so the integrity of the profession and the gears of our legal system continue to move forward.

 

As part of these activities, those served with legal documents like a subpoena, debt collection, or summons can often feel overwhelmed or confused. This is nothing to be embarrassed by, as the majority of citizens will most likely never encounter a process server beyond a film or TV show.

 

However, some points should be cleared up in case you encounter a process server and are left a little in the dark about how the interaction went. So let’s answer some of the more common questions here:

 

Do process servers wear disguises?

 

It is always fun to watch a TV show with a process server pretending to be a pizza delivery person or a waiter who shows up at a fancy restaurant and then dramatically slaps paperwork in front of a bad guy. The truth, like most situations, is far different.

 

Process servers wear disguises extremely rarely, and the people being served are not bad or good. The vast majority of the time, a process server will be dressed professionally and calmly present paperwork without judgment.

 

Process server wearing like waiter
© Houston Process Servers, LLC. All rights reserved

 

Do process servers REALLY wear disguises?

 

There is no need for deception for 99.9% of process server jobs. Most people understand they are being served for something happening in their personal or business lives. A process server is just the delivery driver.

 

In those rare 0.01% moments when someone is trying to evade a process server, then yes, a disguise may be used. This could be a food service person or a sales expert that doesn’t seem threatening in any way and hands over legal documents instead of snacks. These rare instances are why our Houston Process Servers team has a couple of younger-looking members who pose as teenagers doing a side gig.

 

Do process servers trick you?

 

No, process servers never intend to trick you unless it is absolutely necessary. Ethical guidelines and rules must be followed, and a professional process server will do everything possible to perform their duties accordingly.

 

However, if a target is being exceptionally difficult and playing games – we will act within those rules to ensure successful delivery, even if that includes mild deception.

 

Can a process server carry a gun in Texas?

 

No, a process server cannot carry a gun. While this is not intended to infringe upon anyone’s constitutional rights, it harms the industry if an altercation occurs and anyone is injured. Even under the best circumstances, the presence of a firearm during the process of serving escalates the anxiety of the target, and that is the last thing anyone wants.

 

A process server is highly trained to use their brains and words first. If serving is impossible, there are legal remedies that do not require any violence of any kind.

 

Process server come on private property in Texas
© Houston Process Servers, LLC. All rights reserved

 

Can process servers trespass in Texas?

 

Absolutely not! A process server is allowed to approach you anywhere in public, at your place of business, or at your front door. Other circumstances are permitted, but in general, if you are in your enclosed backyard enjoying a sip of tea next to the pool, a process server cannot approach you.

 

Can a process server enter a gated community in Texas?

 

This is an excellent example of one of those “other situations” mentioned above. A gated community is not under the sole ownership of the individual being served. 

 

In fact, a process server knows to approach the gate and speak with the guard. Odds are the guard will follow along to ensure nothing bad happens, which is beneficial to the process server and you because there is another party present.

 

In this situation, the process server will approach your front door, knock, present you with paperwork, and leave. That’s it.

 

Can a process server come on private property in Texas?

 

Yes and no. In our example of the backyard pool, we used the word “enclosed,” meaning you have a gate that is shut. In that instance, the process server cannot come onto your property.

 

However, if your gate is open to the public, then yes, but the process server can never penetrate in-house or apartment units without special permission.  

 

 

Where to Find Professional Process Servers?

 

All of these questions can be confusing because there is such a dramatized stigma of process servers from the news media and TV shows. The reality is that a professional team like ours at Houston Process Servers will always act accordingly. This ensures we receive a steady flow of routine, repeat, and referral clients.

 

We work primarily with businesses, legal teams, government agencies, courts, and police officers. That means we must act close to the legal definition to ensure their cases are never compromised. To learn more about our detailed and high success rate service, please use our request form to schedule service.

 

We look forward to helping serve your legal documents around the greater Houston, Texas area.  

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.

Do Process Servers Call Before They Serve You?

Jail Service, Process 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!

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.