PROCESS SERVER
What is process? - Answer-The document used to inform a defendant of the institution of proceedings
against him & to compel his appearance.
Also known as "citation," which is issued by the clerk of the court upon request of a party to the lawsuit.
It also includes other notices, writs, orders, or other papers issued by the court.
What is a subpoena? - Answer-A document that commands a person to appear & give testimony and/or
produce & permit inspection & copying of documents or tangible things.
This is not "process" & need not be delivered by an authorized process server, but a process server may
be employed.
What is Service? - Answer-The delivery of the proper documents in a proper manner to the proper
person by a person authorized to make such delivery.
Who is allowed to serve process? - Answer-a. Constables/sheriffs & their deputies are automatically
authorized to serve process. Other officials may be authorized by specific statutes.
b. A person who is at least 18 may be authorized by written order of the court. An individual trial court
may make an order authorizing a certain person to make service in a case out of that court.
c. A person may be certified by the JBCC pursuant to order of the Texas Supreme Court. (There is no
such
,thing as a "licensed" process server in Texas.)
d. The clerk of the court must make service by mail, if requested; but service by mail may also be made
by a sheriff, constable, or process server.
e. Only a sheriff or constable (unless a private process server is authorized by a court order) may serve a
citation in an eviction case, a writ that requires the actual taking of possession of a person, property, or
thing, or process requiring that an enforcement action be physically enforced by the person delivering
the process.
A private process server may not serve a writ of attachment, writ of
sequestration, writ of execution, writ of habeas corpus, or any writ for the enforcement of a judgment
or for seizure of a person or property.
f. No person who is interested in the outcome of a suit may serve any process to do with that suit.
g. Any disinterested person who is over 18 may make service on a defendant who is absent from the
State or is a nonresident of the State of Texas.
h. Only a sheriff, constable, or clerk of the court may make service by publication.
i. A subpoena may be served by any sheriff/constable of TX or by any person who is not a party & is 18+.
A person need not be an authorized process server in order to serve a subpoena, but private process
servers are frequently employed to
Where may service of process be performed? - Answer-Once authorized to serve process for cases in a
TX court, that person may serve papers from that court anywhere in TX or in any other state.
, TX rules permit a server to make service in a foreign country. Each country has its own laws, which may
or may not allow a TX resident to make service in that country.
No subpoena, summons, complaint, citation, writ or other process may be served on any person at or
near the site of any mediation session.
When may/must service of process be performed? - Answer-a. When a server receives any papers to be
served, all process must be executed & returned without delay. In cases of a temporary restraining
order (TRO), temporary injunction, or a family court protective order, service must be immediately.
b. No process on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or
distress proceedings, or if citation is by publication.
c. Citations in delinquent ad valorem tax cases must be served within 90 days after the date of issuance
or returned to the court unserved.
d. Citations, other than in delinquent ad valorem tax cases, do not expire.
There is no deadline on the citation itself. However, each citation coming into the hands of a process
server should be served as promptly as possible. Claims are usually subject to a statute of limitations
which will bar the suit if not brought within the time allowed. Not only must the plaintiff file the suit
within the time allowed, but must also obtain service on the defendant within the time limitation. If the
plaintiff and the process server have been diligent, the law may allow an exception for a few extra days
for service of process. The allowance of extra days is not automatic & will be decided by the court.
e. There is no legal restriction on the time of day at which a citation may be served. Do not serve process
late at night or too early in the morning. In a few instances, a defendant's schedule may mean that the
only time the defendant can be reached is late at night or early in the morning. If you can do so safely,
you may attempt service at these times.
f. Justice Court cases may move more rapidly than cases in county or district court.
What is process? - Answer-The document used to inform a defendant of the institution of proceedings
against him & to compel his appearance.
Also known as "citation," which is issued by the clerk of the court upon request of a party to the lawsuit.
It also includes other notices, writs, orders, or other papers issued by the court.
What is a subpoena? - Answer-A document that commands a person to appear & give testimony and/or
produce & permit inspection & copying of documents or tangible things.
This is not "process" & need not be delivered by an authorized process server, but a process server may
be employed.
What is Service? - Answer-The delivery of the proper documents in a proper manner to the proper
person by a person authorized to make such delivery.
Who is allowed to serve process? - Answer-a. Constables/sheriffs & their deputies are automatically
authorized to serve process. Other officials may be authorized by specific statutes.
b. A person who is at least 18 may be authorized by written order of the court. An individual trial court
may make an order authorizing a certain person to make service in a case out of that court.
c. A person may be certified by the JBCC pursuant to order of the Texas Supreme Court. (There is no
such
,thing as a "licensed" process server in Texas.)
d. The clerk of the court must make service by mail, if requested; but service by mail may also be made
by a sheriff, constable, or process server.
e. Only a sheriff or constable (unless a private process server is authorized by a court order) may serve a
citation in an eviction case, a writ that requires the actual taking of possession of a person, property, or
thing, or process requiring that an enforcement action be physically enforced by the person delivering
the process.
A private process server may not serve a writ of attachment, writ of
sequestration, writ of execution, writ of habeas corpus, or any writ for the enforcement of a judgment
or for seizure of a person or property.
f. No person who is interested in the outcome of a suit may serve any process to do with that suit.
g. Any disinterested person who is over 18 may make service on a defendant who is absent from the
State or is a nonresident of the State of Texas.
h. Only a sheriff, constable, or clerk of the court may make service by publication.
i. A subpoena may be served by any sheriff/constable of TX or by any person who is not a party & is 18+.
A person need not be an authorized process server in order to serve a subpoena, but private process
servers are frequently employed to
Where may service of process be performed? - Answer-Once authorized to serve process for cases in a
TX court, that person may serve papers from that court anywhere in TX or in any other state.
, TX rules permit a server to make service in a foreign country. Each country has its own laws, which may
or may not allow a TX resident to make service in that country.
No subpoena, summons, complaint, citation, writ or other process may be served on any person at or
near the site of any mediation session.
When may/must service of process be performed? - Answer-a. When a server receives any papers to be
served, all process must be executed & returned without delay. In cases of a temporary restraining
order (TRO), temporary injunction, or a family court protective order, service must be immediately.
b. No process on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or
distress proceedings, or if citation is by publication.
c. Citations in delinquent ad valorem tax cases must be served within 90 days after the date of issuance
or returned to the court unserved.
d. Citations, other than in delinquent ad valorem tax cases, do not expire.
There is no deadline on the citation itself. However, each citation coming into the hands of a process
server should be served as promptly as possible. Claims are usually subject to a statute of limitations
which will bar the suit if not brought within the time allowed. Not only must the plaintiff file the suit
within the time allowed, but must also obtain service on the defendant within the time limitation. If the
plaintiff and the process server have been diligent, the law may allow an exception for a few extra days
for service of process. The allowance of extra days is not automatic & will be decided by the court.
e. There is no legal restriction on the time of day at which a citation may be served. Do not serve process
late at night or too early in the morning. In a few instances, a defendant's schedule may mean that the
only time the defendant can be reached is late at night or early in the morning. If you can do so safely,
you may attempt service at these times.
f. Justice Court cases may move more rapidly than cases in county or district court.
