By now, you probably know that a process server is a professional that is tasked to serve legal documents. To deliver legal documents may sound like a simple matter, but the truth is that process service is more complicated than it seems.
One does not simply hand over a legal document to another person like handing over free food. There are rules and limitations. Plus, anyone can refuse to receive the legal papers being served to them. Hence, not everyone is cut out for the intricacies of process serving.
A professional process server has gone through proper training on how to serve papers within the boundaries of the law. Because the service of process is a delicate manner, you can't just serve documents whenever it's deemed convenient. Understanding the specific rules of local law and laws related is imperative.
Most process servers have their ways of serving legal documents, but according to the law, there are no limits to the number of times process servers can attempt to serve papers. Private process servers usually have their own rules for conducting business.
Process servers would attempt to carry out their process services three times in most cases. However, the attempt service usually happens at different times on different days. Many process servers use this tactic to finish the personal service successfully they're tasked to do.
Can Process Servers Go to My House Anytime?
Unlike most professionals, process servers aren't limited to a specific work schedule. This means that the service of process may occur anytime on any given day, even during holidays.
In most cases, the process server would avoid to leave papers on holidays. However, no law prohibits them from carrying on with their business.
Some licensed private investigators might go as far as social media searches to find the best times to serve documents. On the other hand, people can still refuse to receive the relevant document the process server is attempting to deliver.
What are the Limitations of Process Service?
While process servers have the freedom to conduct their business, they must follow the rules of process serving. Otherwise, legal action might be taken against them.
For example, a process server must be honest about who he is. When someone is avoiding service, it can be tempting to pretend to be a court official or another trusted professional. However, a process server is not allowed to lie about their motivation or job.
You may find a process server lying about his profession in movies or television to get the job done. However, that is illegal in real life.
Another rule that a process server must follow is to avoid breaking and entering private property. Law enforcement officers may be called upon if the process server does this. A process server can only legally enter a property with consent.
A process server is not allowed to threaten you to accept law documents. Avoiding service is an option for recipients of legal documents. Other states might even punish process servers who over cross their boundaries.
At the same time, a process server is not allowed to leave legal documents to a minor. The papers may only be given to someone 18 years old and above. This is why it's crucial to verify the age of the receiving party.
Can You Avoid a Process Server?
The truth is that anyone can avoid a process server. Unlike an arrest warrant, people have the right to refuse a process server. The thing is that there is nothing to gain if you keep on avoiding the process server that attempts to deliver legal papers to you.
In fact, refusing a process server might be expensive in the long run. In some cases, the fees for process serving get charged to the person who's been served with legal papers. The longer they refuse the documents, the more expensive their penalty gets.
What Happens When a Process Server Fails to Deliver Legal Documents?
The truth is that process serving isn't always successful. There are people who simply refuse to accept documents. That's where law enforcement comes in. The court has the option to grant a public notice in case a process server doesn't succeed with his substituted service.
In cases like this, it's best to confer with a lawyer that can recommend other services for the legal procedure to progress. Process serving doesn't always go smoothly. However, there are ways to get the job done.
How Does One Become a Process Server Anyway?
Anyone can offer process services. However, not everyone has the training to get the job done correctly. There is no specific education required for process servers. These professionals usually undergo training, so they're aware of the laws of the state they're conducting production requests.
Licensing requirements vary from one place to another. In Texas, you must secure a certificate of completion from an approved educational course. This course can be a traditional in-person class or an online lecture series.
This course can range from USD 75 to USD 150, and you are required to finish the court one year after starting your training. Otherwise, you'd have to retake the course.
Another requirement is to pass a criminal history background check. Because a process server is tasked to deliver legal papers, they must not have any pending offenses in their records.
The law stipulates that the process server must have the integrity to get the job done. This requirement is verified through the Texas Department of Public Safety.
First-time applicants are required to pay a licensing fee of USD 200. This application fee is apart from the money you invest in your training.
Given the lucrative future in process service, this is a small price to pay.
Looking For the Best Brocess Servers
When it comes to serving legal documents, you should only employ the best service available. This ensures that the job gets done at the end of the day. If you're looking for a reputable process server, you should consider looking into Austin Process.
Not only does Austin Process deliver papers in Texas, but this company can serve papers all over the country. Hence, no matter where the person you're trying to serve paper resides, you can successfully serve the document and proceed to court accordingly.
You get what you pay for, and that's why you should invest in the best process servers your money can afford. You won't regret trusting Austin Process to be of service to you.