If you want legal papers served to someone in Texas by a process server. In order to ensure that your documents are valid, you should use the services of a professional notary. This guide will walk you through the necessary steps to successfully complete the legal service process in Texas. To learn more, keep reading!
What you need to know about service in Texas
Before you hire a professional, here are some things to keep in mind. Unless otherwise specified, all documents that need to be served in Texas must be sent via file-stamped mail. If the document is not served within 90 days, it will be void. It is up to the laws in your county or district to determine how you serve the documents.
Services of Different Sorts
Legal papers in Texas can be served using one of three different methods.
Using personal service, the documents can be delivered to the intended recipient by a process server personally. Since the person receiving them was not hiding from the process, most people prefer to have their documents served this way.
The documents are given to a person of legal age who lives or works at the person’s home or workplace with the help of subservice. In order for the recipient to understand what and why they’re getting them, they must be old enough. Once they’ve received the documents, they must then deliver them to the intended recipient.
Alternate service, which can take place at work or at home, is the third option. An affidavit stating that the documents have been received by a person over the age of 16 (who is not otherwise involved in the legal proceedings) is required for this method. In order to send them, this person must send them via registered mail.
Publication of a Service
However, service by publication is a less common option than the other three because it means that you cannot locate the person to serve. When a person’s last known address is unknown, service by publication is the only option. For one month, the documents must be published at least once a week in a local newspaper.
The Legal Documents You Can Submit
In Texas, you can serve specific legal documents on another individual. They are as follows:
Petition and Summons
A summons or petition is a legal document that can be used to initiate legal proceedings against a defendant or plaintiff. It is employed in the following types of cases:
- Disputes over real estate
- The unlawful detainer
- Proceedings for eviction
- For money owed, a judgment.
- A lawsuit for the return of personal property.
This form must be filed with the county clerk before it can be served by your process server.
Incorporation of Petition and Subpoena
Serving these documents is as simple as following these steps:
- Obtain a copy of the documents from the clerk and keep a copy for your own records.
- Keep one copy for yourself and one for the person who will be serving you with the papers after they have been filed.
- To pay the county clerk, give $10 to your process server and the two sets of paperwork.
- Make a copy of everything and deliver it to the court.
Dissolution of Marriage Summons and Petition
Divorce proceedings in Texas can be started by submitting this document. Use this guide even if you’re not currently residing in the state. In this manner:
- Sign an affidavit stating that your spouse has received the document.
- Make two copies and deliver one to the county clerk.
- After 10 days, file a new affidavit at the county clerk’s office with the second copy that you keep for yourself. Any party that does not respond within three months can serve it themselves by publishing it in two separate papers.
A signature from the person accepting the documents must be obtained from them. If they refuse, your process server has the right to deliver them with reasonable force. However, if a resident is served by alternate service at their home or work address, no one must take responsibility for accepting the papers so that they can be delivered.
In order for your legal documents to be signed by the correct person, they must provide their name and address if asked. It’s best to find out ahead of time how much information the process server needs if you’re unsure; the amount required varies from county to county.
Legal documents can also be served on business owners if they choose to accept personal service. A person authorized to accept service of process on behalf of a business in Texas must sign the documents if the recipient is located in Texas.
A written list of questions can be helpful if you’re unsure if someone is authorized to access your information.
It doesn’t matter how documents are delivered as long as they’re in the right hands. Just keep in mind that each approach is tailored to a particular set of circumstances. Your legal action may be thrown out if you serve someone incorrectly. Putting in the time and effort to win your case only to have it thrown out on technicalities is not worth it.