What process server? Process servers are people that serve legal documents to those that owe the process server a debt. In many cases, process servers are hired to serve divorce papers on an individual’s spouse following a divorce filing. Process servers must follow the law for serving legal documents in Houston Texas and cannot break the law while trying to serve papers, such as trespassing or breaking and entering. Therefore, process servers need to be creative at times without crossing the line and doing something they should not do.
Process Server:
Someone who is over 18 years old and not a party to the case can serve process. A professional process server, a county sheriff’s officer, or even a friend might be the one to do so.
A process server in Houston, Texas must be licensed. They register with the clerk of court in their home county or have their primary place of business. Businesses that intend to provide process services must also keep a certificate of registration.
A process server is not required to register if he or she does not work for a business that processes documents. Police officers are not obligated to register. Attorneys and their employees, as well as people who are appointed by the court to serve legal papers, are not required to do so.
The investigators’ employees are not required to register with the state. Only licensed private investigators and their staff are permitted without permission. Professional photocopiers who respond to records production requests and subpoenas are not required to submit a registration.
To serve legal papers, neither process servers nor document processors are required to have any sort of formal education. The role of the process server is to be aware and understand the laws regulating service of legal documents in the state. Process servers must also post a $2,000 bond or cash deposit.
Taks Of The Process Server:
A process server’s primary responsibility is to deliver legal papers to the person or party specified in the lawsuit. Process service is used to notify the defendant that an action has begun or that a relevant document has been filed in the case.
In certain situations, certain documents must be delivered in a particular manner. A document, for example, may require the process server to hand the individual the document personally. Personal service is most often carried out by determining the person and handing him or her the papers.
Breaking and Entering is Illegal:
Personal service is the most common method for process servers to begin. The process server is not trespassing unless he or she unlocks a locked gate or enters a secured building without permission, in most situations.
The process server must return or wait for the individual to depart if he or she is unable to legally access the property or facility.
Cannot Use Threats to Serve Papers:
A process server cannot push someone to open a door. The server is not allowed to intimidate or force the individual to let you in or accept the document.
Cannot Leave Papers with a Minor:
In situations in which a party is avoiding service, it might be tempting for a process server to leave the papers with anybody who answers the door, especially if no one else has yet responded. A process server is not permitted to leave papers with anybody who is under the age of 18 years. If the individual is evasive, the server may deliver them to the individual’s work.
The process server may serve papers at a communal area, such as a building lobby or common room of an apartment complex. The process server is not permitted to leave legal documents in areas where they might be thrown away by accident or carelessly discarded on purposes, such as with garbage cans, recycling bins and mailboxes.
If you have a legal matter that needs to be resolved, contact the Houston Process Server. They are available 24 hours a day and can serve papers anywhere in Texas or any other state with proper documentation. You don’t need an attorney (though they may help) to get started on your case.
