Process Servers Texas Rules Are In Place For A Reason
Process servers Texas regulations cover everything from trespassing to Sunday service
. In order to obtain state certification from the Supreme Court of Texas, you need to learn about all of the pertinent regulations. Heres a look at some of the more interesting ones.Proof of service is always a requirement. The process servers Texas rules do not require that the person being served sign his or her name. However, if possible, it is good to get the witnesss signature on a memorandum, but your statement concerning the date, time and place of service is fully acceptable in any court in Texas. If the person being served is trying to avoid service, the judge can sign a Rule 106 that allows you to leave the papers with a resident in the home or tie it to the door knob.
If a lawsuit defendant or subpoenaed witness fails to appear in court, your written statement or personal appearance may be required. When a defendant fails to appear, the verdict is an automatic judgment for the plaintiff.
When a subpoenaed witness fails to appear, the judge may hold the witness in contempt of court. That would give you another citation to deliver unless the judge decided to send the sheriff to collect the errant witness.
Being held in contempt of court can be accompanied by jail time, depending on the situation and the witnesss explanation. This is not relevant to the performance of your duties unless you lie about making service.
A defendant or witness could lie and say that they never received the papers. That is one of the reasons that obtaining a signature is preferable whenever possible. This may require you to testify before a judge. That is why it is important to document useful information while serving the papers to help prove that you served papers in compliance with the Supreme Court of Texas guidelines.
Process servers Texas regulations allow for true copies of the documents to be sent to the defendant or witness via certified or registered mail, return receipt requested. Some servers prefer to use the mail, because the post office receipt is proof that service was made.
Sometimes it is easier for a mail carrier to obtain the necessary signature than it is for an individual server. But, the mail cannot guarantee quick service. In fact it may never be served especially if the person is trying to avoid service.
If a mail carrier attempts to make delivery and fails, a note is left at the address advising the defendant to visit the local post office to sign for the documents. They are usually advised to come in within seven days. Otherwise, the documents will be returned to the sender.
So, although process servers Texas regulations allow for mail delivery, it is not the timeliest choice or the most effective. Service providers are supposed to make delivery of the documents as soon as possible. Its a part of the law. So using private process servers is often a far better decision than utilizing other methods.
Each of the regulations in the state code is there for a reason. We suggest that you take time to review them. At some point in the states history, there have been questions concerning proof of service. That question may have caused a change in the process servers Texas regulations. The code has been amended at least a dozen times.
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