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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!

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?

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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

 

 

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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.

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.
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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?

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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 to Properly Communicate with a Process Server?

Jail Service, Process Service
A Process Server Talking to scared defendants.

Whether you’re a process server or just someone who’s dealt with one, you may have noticed that the job itself is often a little…misunderstood. Some think process servers are bounty hunters, while others believe they’re just glorified paper carriers. In all of this confusion, one thing remains true: the world would be a much better place if we all knew how to communicate effectively with a process server.

 

The point of a process server is to continue the operations of a legal situation or case. Their role is to deliver documents to someone who is a legal entity in a case. That could be for a lawsuit, contracts, or a requirement to appear before a court. Regardless of the situation, you should always treat these working professionals with the same respect and courtesy you would expect in return.

 

A few key reminders of how best to communicate with process servers include:

 

Never Be Aggressive

There is no reason to be aggressive with a process server. These are human beings performing an essential service that has been authorized and certified by the Supreme Court. They have the same rights and expectations of life as you do.

 

Swearing, threatening, or acting aggressively in any way towards a process server will most likely be recorded in their verification documents and passed on to the courts. That can reflect poorly on your situation, and you will want every advantage possible so that you can come out the other side as favorably as possible.

 

Keep the Conversation Respectful & Simple

You should be polite and respectful when you talk to a process server. Don’t argue with them, don’t be aggressive with them, don’t be rude or condescending, and definitely don’t make any threats. If you decide to be argumentative because you think it will help your case in court or whatever other reason, keep in mind that the only thing it will do is make the process server more determined to serve you.

 

Also, don’t ask questions that can quickly be answered with a yes or no response (in fact, avoid questions altogether if possible). And most importantly: never ever attempt sarcasm! This is not a friend or an enemy, simply someone representing a courthouse or judge.

 

A Process Server serving legal documents to defendants
© Houston Process Servers, LLC. All rights reserved

 

Understand the Rights of a Process Server

Yes, a process server is conducting the business of a court, but they are also a human being afforded the same rights as you. If you act in any way violent toward a process server, you could be punished by jail time, especially if the server reports these actions to the police. The simple truth is you wouldn’t attack an Amazon delivery driver just for leaving your package at the door, so why treat a process server any different?

 

Keep Your Responses Limited

This is a legal case. A process server writes a detailed report that could include any language or facts you say. Do not ask the process server about their personal life. Do not ask them about their job, religious beliefs, political views, or sexual orientation. Not only is it probably none of your business, but this can also be considered harassment and could get you in trouble with law enforcement agencies. A simple “thank you” is all that needs to be said.

 

Think About the Judge

An easy way to communicate with a process server is to imagine a judge overseeing your interaction. You do not want a bad reputation or something as small as a poorly timed joke to make the judge look unfairly on your position. Instead, stay professional and focus your energy on contacting your legal counsel to clear up the situation so the process server can move on to their next assignment.

 

 

Wrapping it Up

Although being served is an intimidating experience, it doesn’t have to be an uncomfortable one. If you are calm and respectful with the process server, your case will run much more smoothly. It’s also a good idea to be honest about your location to avoid any further legal issues down the road. Remember that there’s no need for violence or confrontation when a process server comes knocking on your door—they’re just doing their job!

 

That is why all our team members at Houston Process Servers treat each client and recipient with the utmost respect and dignity. We take no sides in the cases and simply want to offer professional, reliable, and accurate service. To learn more about our team or engage with our process serving services around the greater Houston area, please use our intake form. We are happy to work with law enforcement, courts, law firms, government agencies, and other legal entities.

Questions to Ask When Hiring a Process Server

Jail Service, Process Service
Black male pointing his finger on question: How to Hire a Process Server.

Process servers are a crucial element in the legal and business system many clients rely upon for day-to-day operations. From a top legal firm working on a significant case to an independent business needing clearly signed and documented paperwork, process servers save you time and money trying to track down the critical targets of your operations.

When you are considering hiring a process server, you should ask some fundamental questions to ensure they will be a good match for your specific means. It does not matter if you are working with process servers in Harris, Montgomery, or Fort Bend County, Texas. The team you hire should be professional, reputable, and reliable. Here is a quick list of the more important questions you may wish to ask:

 

What are your credentials?

Process servers receive different credentials based on the state they operate. For example, Houston Process Servers of Houston, Texas does not need a license. Instead, we are certified by JBCC (Judicial Branch Certification Commission). It is important to make this differentiation because, in the case of JBCC, this is not a baseline certification but a nod of approval from the same body that oversees court interpreters, guardianship programs, court reporters, and other essential auxiliary services for a court of law.

 

Do you go through training or join associations?

Training can be done in-house by the process server firm. The more important question is about memberships. In order to join organizations like the Texas Process Servers Association or the National Association of Professional Process Servers, you must meet requirements that verify your ethics, experience, and practice. You also need to be recommended by fellow members. For example, the National organization requires two people (lawyers, process servers, and judges) to recommend your membership, and you must pass a background check.

 

Have many years of experience does your team have? 

Hiring a process server with experience will help ensure the documents are served correctly, which is essential for your case to move forward smoothly. That means they will be able to handle any situation that comes their way efficiently and effectively, including knowing which people and conditions could lead to papers not being served. Experience directly relates to what allows them to anticipate potential problems before they arise.

 

What kinds of organizations and individuals do you work with?

Different process server firms will target their business towards various client segments. In our case, we primarily work with courts, law firms, law enforcement, government agencies, and other professionals.

 

What other services do you offer? 

Many process server firms offer services like notaries and skip tracing because those are so well aligned with the primary objective of serving legal documents to people that are hard to locate. You can often measure the experience and expertise of a process server firm by the types of auxiliary services they provide to legal entities and courts.

 

Don’t Be Afraid to Ask Questions

It’s essential to ask about a process server’s background for your legal needs. You should be looking for someone who is licensed and insured, has experience in serving papers, and is reliable and affordable. A licensed process server can help you serve court documents in person or by mail (as allowed by law). They will also have practiced in their field long enough that they can identify whether there are any potential problems with serving documents on a business or legal representative.

The final thing to keep in mind is that hiring a process server should be pleasant and professional. After all, this is a crucial part of your legal journey, and you deserve to work with someone you can trust. The questions we’ve asked here are designed to help you find just that—a trustworthy process server who will take care of your needs efficiently and effectively.

We at Houston Process Servers encourage our clients to ask any questions they may need about our services and background. We have years of experience working with all kinds of entities around the greater Houston area and pride ourselves on our reputation with law enforcement, courts, legal firms, businesses, and other organizations. Feel free to use your intake form to begin your process server journey and let our professional team help you with your needs.

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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