A lot of people out there don’t really understand process serving or what a process server does on a daily basis. The entertainment industry hasn’t really provided a clear picture of what process servers really do, so there are a lot of misconceptions. In this post, we’ll try to shed some light on the process service industry by answering the top eight questions we hear from people about process serving here in Texas.
What is a Process Server?
A process server is a person who delivers legal paperwork, known as process, to its intended recipient. Process servers can work in any geographic area, deliver a wide variety of paperwork, and come from any walk of life. In Texas, there are laws governing who can be a process server (see #2 below).
Is Certification or Licensure Required for Process Servers?
Process servers in Texas must meet certain legal requirements in order to legally take on the role. In the Lone Star State, the Judicial Branch Certification Commission (JBCC) handles the certification of process servers. Requirements to gain certification include completing a civil process service education course, passing a background check, submitting to fingerprinting, and paying an application fee. If approved, certifications last for two years before a renewal is required. If a process server is not certified via this process, they are not permitted to work in the state of Texas unless specially appointed by a judge or sheriff’s office, which would be extremely rare.
What Types of Documents Do Process Servers Deliver?
Process servers can deliver any type of paperwork, but most often deal with court-related documents, including:
- Summons & Complaints
- Witness Subpoenas
- Eviction Notices
- Foreclosure Notices
- Family Law Orders
- Writs
This list is by no means exhaustive. Contact a process server in the area where you need documents delivered to find out exactly what they can and cannot handle.
Who Can Be a Process Server in Texas?
As mentioned before, Texas has certain legal requirements for who can be a process server in the state. Applicants must prove their compliance with these requirements via the JBCC certification process in order to be deemed a Certified Process Server and begin working in the state. However, certain courts may decide to appoint process servers on a case by case basis, in which case those servers would not necessarily need to be certified.
When Can Process Be Served in Texas?
Texas has very few limitations on when process may be served in the state. Process servers are permitted to serve process Monday through Saturday, generally from 6am to 10pm. They can even serve you on a holiday! The only specific day that is excluded is Sunday, when no process may be served unless it qualifies as an injunction, attachment, garnishment, sequestration, or distress. Process that falls into one of these categories may also be served between the hours of 10pm and 6am on any day.
How Long Does it Take for Process to be Served?
Most cases we receive are served within just a few days, but that’s not always the case. Some cases can be more difficult and may require weeks or months to be fully dispatched.
What Happens if the Person to be Served Cannot Be Found?
Fortunately, there are some remedies if the person being served process cannot be located. After several diligent attempts to serve the person at different locations, the process server may employ skip tracing and/or diligent search services to try to locate the elusive recipient. If that fails, the process servers can request permission to use an alternative service method to serve the person without finding them in person.
What Happens if the Person Being Served Refuses the Papers?
Most people don’t enjoy receiving process, and some people downright hate it so much that they refuse to accept the paperwork at all. However, simply refusing to accept the process doesn’t mean the person isn’t considered served. If the process server can accurately identify the person with confidence and documents their efforts, the person is still considered served even if they refuse to take the papers. Once they are considered served, the court process will move forward as scheduled.
Dallas’ Best Process Service Agency is Accurate Serve
If you need quality process service, document retrieval, skip tracing, or diligent search services in Dallas or the surrounding area, you’re in luck! Accurate Serve of Dallas has the experience, knowledge, and dedication to get all your process served efficiently and professionally anywhere in the Lone Star State. Give us a call at 469-225-0451 or send us a work request online to start working with Texas’ premier process service agency – Accurate Serve!
