The Texas Civil Process Server
A Texas civil process server assists lawyers and parties involved in lawsuits by
providing "personal service", which is a legal requirement for most lawsuits in the United States. In a few states, personal service is not required.
In most, the documents must be handed to the individual. If the lawsuit involves a corporation, an Limited Liability Company, Limited Liability Partnership or other business, the documents must be handed to the company's registered agent.
Except for sole proprietorships, all companies are required to designate a registered agent. If the business is a sole proprietorship, the documents must be handed to the proprietor.
In the states that do not require personal service, the documents may be left at the business place or the individual's residence once positive identification has been made.
The rules in Texas state that the documents can only be left with another resident of the home, tide to the door or mailed to the defendant if direct service has been attempted several times and cannot be made. The judge will issue a Rule 106 which allows the server to leave the documents at a residence without serving the individual in person. Failure to make the attempt to serve or failure to show evidence that the attempt has been made can delay a legal suit, which is frustrating for all parties.
A certified Texas civil process server is aware of the rules concerning service. All servers in the state are required to complete a course approved by the state review board. If you are party to a lawsuit, you cannot make service yourself. The lawyers involved in the case cannot make service, nor can members of their firm.
The sheriff's office or constables are authorized to serve papers. A Certified Texas civil process server is preferred by law firms. The primary reason is that the certified Texas civil process server's primary function is to serve papers. As a result the papers are usually served timelier and the success rate is higher because Certified Texas civil process servers attempt services in the morning, during the day and at night. They sometimes also offer other services such as skip tracing and courthouse research which also helps law firms. In some jurisdictions, the sheriff's office and constables will only become involved if the suit is brought by the city, county or state government.
The fees charged by a Texas civil process server can vary. Servers are not allowed to collect their fees until service has been made. If you are asked to pay up front, something is wrong. All certified servers are aware of the rules.
In addition to serving defendants in civil suits, servers may also be asked to deliver subpoenas to witnesses. When witnesses are essential to wining the case, sending them a subpoena is the best way to ensure they will appear in court. It is the only legally binding method for ensuring testimony.
If you hire a certified Texas civil process server, you can be sure that the court documents are handled professionally and in accordance with the law.
by: Richard Dobrey
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