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

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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!

Does a Process Server Have to Identify Themselves in Texas?

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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
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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?

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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!

Is it Legal to Lie to a Process Server?

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

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

 

Process Servers are not Officers of the Law

 

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

 

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

 

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

 

A Futile Lie

 

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

 

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

 

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

 

Can a Process Server Lie to Me?

 

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

 

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

 

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

 

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

How To Avoid a Process Server in Texas?

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

A process server is someone who carries out the legal process of serving documents. This can be a formal legal document, such as a summons or subpoena, which requires that it be personally handed to the recipient.

These are working professionals authorized and certified by the Texas JBCC to deliver legal documentation and notices. They have no opinion or interest in the cases involving these documents. That is why asking a process server for legal advice is pointless. Regardless of a process server’s background, experience, or education, they are not legally allowed to offer advice on a case.

The sole responsibility of a process server is to take a document from point A to point B and then provide verification that everything has been conducted legally. So when you try to avoid a process server, you are not stopping action from occurring. If anything, you are only delaying the steps that will happen next.

 

What Happens if You Avoid a Process Server?

When a law firm, government body, or court hires a process server, they initiate legal contact with you. If you try to avoid that contact, it does not stop whatever lawsuit or legal action from happening. There will not be a hearing that is canceled. Or, if it is, it will only be slightly postponed to a near-future date.

This means that trying to avoid a process server will end with you and your legal counsel having less time to prepare for a hearing. That can be detrimental to your case if you need that time to collect evidence in your favor and support your argument about why these legal actions do not hold water.

A far worse situation is that your active attempts to avoid a process server could be taken personally by the judge. This is a dedicated working professional committed to upholding the law. If you demonstrate a disregard for the processes of the law, like not accepting legal documents, they may be less inclined to hear your side reasonably because these actions can be interpreted as disrespectful. It may seem small, but you want as much advantage as possible in a court case.

 

What if I Successfully Avoid a Process Server?

A professional process server is often trained to make multiple attempts at your home, place of business, or any other public location they are allowed to make delivery. If you successfully avoid them after one, two, or more attempts, expect the process server to prepare an affidavit of non-service.

This is a legal notice that, when approved by a court, authorizes what is known as substitute service – also called a 106. You do not want this to happen because it takes control completely out of your hands. A 106 means a judge has deemed your case worthy of simply leaving the legal documents with anyone in your household over 16 years of age or taping the documents to your door.

In that case, a process server will take a photo and instantly update your case so that a court can move forward with your legal situation. In other words, by avoiding a process server, you just waste your time! The documents you hope will disappear will eventually show up at your home, and now you will have to deal with possible negative impacts on your reputation and legal case.

 

 

Is there a Better Option?

Yes! When a professional team of process servers like those at Houston Process Servers attempts delivery of documentation, you should accept it. All they are is a legal delivery service trying to do a well-documented job.

Instead of trying to avoid a process server, call your legal counsel and immediately send them copies of the documents you receive. This way, you have as much time as possible to prepare for what is coming next, and a judge will view you as a rational human willing to go to bat for your side of the story.

Courts appreciate those willing to stand up for their rights and take responsibility for their actions. This places you on equal footing with whoever sent you the documents so you can move forward with legal proof and arguments about your case. Anyone who has had a bad situation with the law knows this is much more preferable.

If you want to learn more about process of serving around the greater Houston, Texas area, fill out our contact form. Houston Process Servers works with law enforcement, courts, government agencies, law firms, and private attorneys to execute services as smoothly and reliably as possible. That is why we have so many return and referral clients. Reach out today and schedule your next delivery with our professional team.

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What Happens When People Try to Avoid Process Servers?

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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.