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A Simple Answer to "What Happens if a Process Server Can't Serve You?" The simple answer to your question is that the court continues without you. Evidence is brought forth without a rebuttal or defense from you and a judgment is issued.

Generally, process servers make at least three attempts to serve somebody. These attempts are normally made at different times of day and on different days to maximize our chance of serving the papers.

A process server can attempt to serve someone at any time of the day or night except on Sundays in Texas.If the process server is unable to serve you, then he can file a Rule 106 Affidavit for Substituted Service with the clerk. A motion is filed and if the judge signs the order, you are still served.

A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.Most people do not want to be served by a sheriff's deputy or special process server and so elect to sign a waiver of service.

Process servers will call you, but they won't threaten you over the phone. A process server is always paid by the party hiring them to deliver legal documents. Whether it's a divorce, child support, or debt collection case, the party being served will never pay the server directly.

If you absolutely cannot get the person served the regular way, you need to file a motion with the court to allow you to publish in the city or county of the last known residence of the person you are trying to serve. It will cost a little and you might need a lawyer to get you through this part.

Generally, process servers make at least three attempts to serve somebody.

You cannot serve your own papers. But, in some cases your friend or co-worker could serve your papers, as long as they are not part of the case and 18 years or older.Improper service can cause case delays. You can even risk your case being dismissed.

Generally, process servers make up to three attempts (morning, afternoon, & evening).

Withhold Issuance of Service of Process Request

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