What is a Service of Process?
A service process is a procedure in which a plaintiff, hires a professional process server to summon a company, brand, or person to court.
A service of process is important because everyone has the right not to be deprived of life, liberty, or property without due process of law. A person has the right to be notifies when and why someone is taking legal action against them.
The role of the process server is to deliver documents stating when and why someone needs to go to court. Their main duties are to keep a defendant’s desire to keep their identity hidden from the other party, as well as traveling to new locations and learning their client’S schedule, among many other things.
How to serve process in Texas?
To serve process in Texas, one must know the Texas Rules of Civil Procedure.
According to the Texas Court Rules, it states that the Texas Rules of Civil Procedure is the procedure that governs the proceedings in civil trials.
Private Process Server will deliver court paper to the respondent, complete a Return of Service form which indicates when and where a respondent was served, and files the completed Return of Service with the court to send it to be filed with the court.
Service by Posting. This is a method used when the process server cannot find the respondent unless children are involved.
Service by Publication. When a process server cannot find a respondent’s location, this method is used, especially when children are involved.
What happens if a process server can’t serve you in Texas?
If a process server cannot process service of process, you may ask the judge for permission to serve the respondent if and only if any of the eligible people have tried to serve the respondent in person or by certified mail without success and when one can prove that the respondent lives, works, or can be found in a location where service took place.
File a Motion for Substituted Service and a Rule 106(b) Affidavit from a private process server. Once the judge has been convinced that the respondent can be found where the service took place, a judge can sign an Order for Substituted Service.
Order of Substituted Service – this authorizes eligible people to leave a copy of court papers with anyone over 16 at the location specified in the affidavit and can authorize service in any form.
You may look into is serving someone through social media. If you check the Texas Rules of Civil Service, social media is authorized under Texas Civil Practice and Remedies Code 17.033. You may ask your judge for an alternative service. It may be tricky to convince the judge as the bar is high when proving that social media is the best alternative method. This is because social media has privacy issues, and it does not ensure that the respondent will be able to receive a notification. Though social media can be a tool to prove where a respondent is located, you must verify that the respondent’s account is official and owned by them. Only then can the judge allow service.
How It Works
Call or email us with a specific request.
We will confirm receipt and assign a work order to a server in the respondents zip code.
We will notify you with real time service updates from the field. Once complete we will file service returns with the specific court and provide file stamped copies back to you.
What Attorneys Say
Here’s some feedback we’ve received from law firms all over the United States.
My office has used Austin Process exclusively since at least 2017. We do a moderate regular volume of business with them each year across several Texas counties and they have handled the ~90% of our straightforward service needs and the ~10% that are more complex equally well. The small staff is friendly and responsive and on the very few occasions when I’ve had something particularly out of the ordinary, Mike has personally ensured it’s taken care of. We’ve had a very good customer experience working exclusively with Austin Process for several years now and I would certainly recommend using them for any service needs throughout the State of Texas.
I’ve been using Austin Process for service and skip tracing since I opened my practice. They are incredibly reliable, responsive, and always get the job done.
I have worked with Austin Process for nearly a decade. They are prompt, professional, and reliable. They have never let me down and have extensive knowledge of the rules of civil procedure and expeditious turnaround time. Highly recommend!
This is a top notch outfit! They are quick, efficient, and VERY experienced. They are our firm’s go to process server every time.