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Process servers in Texas are responsible for ensuring that all documents and citations are properly delivered to the correct individuals and must promptly file a Return Of Citation form with the local courts as proof of service.
Deliver the initial court papers to the respondent in person; and. complete a Return of Service form that says when and where the respondent was served; and. file the completed Return of Service with the court or send it to you to file with the court.
Process servers do not usually call ahead of time since this gives people time to avoid being served court papers. A process server will never ask for any money. They do not collect money owed for divorce cases, child support, or any other legal reason (especially via a wire transfer).
If a Defendant Does Not Answer the Door A process server cannot compel a defendant to answer the door. In some cases, people who know a lawsuit has been filed against them will attempt to avoid service.He or she will have to come back on another date if the defendant refuses to open the door.
So you may ask, what is a process server allowed to do? Well, a process server can attempt to deliver the legal papers to your home. He can leave a copy with someone who is authorized to accept papers on your behalf. He can serve them at your work. A person can be served through certified mail in Texas.
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.
What Can a Process Server Do or Not Do? A process server's main job is to deliver legal documents to an individual or party named in the action. The purpose of process service is to place the party on notice that an action has begun or that a relevant document has been filed in the case.
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.