Service of process is an integral part of the federal and stateside legal system in the United States. Although each state has its own unique set of rules and regulations governing the manners in which service of process can be carried out, there are a few simple universal imperatives that are adhered to from coast to coast. One of the most important regulations is that in every civil litigation case, the defendant against which the charges are being laid must first be notified of the case before legal proceedings can begin. A certified process server in Texas can ascertain that this first important task is completed in a timely fashion.
In Texas, it’s legally required that anyone who is suing another entity—whether it’s an individual, group of people, or a corporation—is responsible for effectively notifying the other party that legal action is being taken against them. This gives the prospective defendant enough time to appropriately learn about the case that’s being filed against them in a court of law, secure suitable legal representation, and prepare a case in their own defense. Process servers in Texas are responsible for ensuring that all documents and citations are properly delivered to the correct individuals and must promptly file a “Return Of Citation” form with the local courts as proof of service.
While technically any neutral party over the age of 18 is legally eligible to perform service of process in Texas, it’s always better to hire a professional process server who’s received formal training, is well-versed in the laws dictating this practice, and has years of experience in locating and serving intended recipients in legal matters. This assures that the margin of error when it comes to accidentally serving the wrong person or breaching local legal protocols is minimized. After all, since each state and in many cases, smaller counties within each state has different regulations when it comes to service of process, you need someone who’s extremely familiar with what’s permitted and what isn’t so that your case isn’t jeopardized due to someone else’s negligence.
The type of civil action you’re filing against another party also dictates the rules that apply to the case and how they’ll be implemented. This is something that you need to discuss with a legal expert, which is why it’s always advisable to hire professional process servers who are familiar with local legislation and have established a strong working rapport with law clerks, sheriffs, law enforcement agents, and other legal professionals in your area.
What’s the Difference between Service of Process and Service of Subsequent Documents?
Service of process is a lawful stipulation that involves presenting a defendant with legal documents that not only notify them that some sort of legal action is being filed against them in court, but also explaining the parameters of the case as well. It’s an important aspect of the legal system in this country that gives defendants an opportunity to learn everything they can about the case being filed against them so that they can construct an appropriate case in their own defense.
After legal documents pertaining to any particular case have been submitted to and filed within the local court system, the plaintiff is then given a certain timeframe within which they must legally notify the defendant of the court case.
However, this isn’t always as easy or straightforward as it sounds. In many cases, defendants are extremely elusive and may not even reside in the same state where the lawsuit is being filed against them. Instances like this require significant and in-depth legal expertise as well as experience locating such individuals. Also, keep in mind that many people share the same first and last name, which can further complicate any attempts to locate a specific individual.
Service of Subsequent Documents, on the other hand, takes place after the correct defendant has been identified and received service of process. Subsequent documents are often submitted to the court during the actual trial or legal proceedings as evidence on behalf of either the plaintiff or defendant. Oftentimes, these documents aren’t even retrieved until well into the court proceedings and can even be presented as evidence at any given time as long as they’re reviewed and approved by the court beforehand.
You wouldn’t let someone who has absolutely no experience fixing cars work on your vehicle, would you? The answer is most likely no because this person has no knowledge of the inner workings or mechanical functions of your vehicle and can therefore do some serious damage to it without your knowledge.
The same type of logic applies to legal proceedings. Even though in most states, it’s perfectly legal to hire any impartial party over the age of 18 to fulfill service of process on your behalf, there are certain procedural tasks that must be completed as well. There’s actually a lot of research involved on the part of the process server. First of all, they can’t just serve anyone who happens to have the same name as the defendant you’re taking to court; they need to do extensive research to guarantee it’s the absolute right person.
A fully licensed process server often has far more detailed and helpful resources and contacts in the field to help them conduct the type of thorough research involved in their line of work than a college student who’s just trying to make a little extra money on the side.
They also have more in-depth legal knowledge about the proceedings involved in service of process in your jurisdiction and will work closely with you to ensure that all of the requirements of your case are met accurately, effectively, and within your legally allotted timeframe.
Professional Process Servers in Texas
Professional Court Services offers top-notch and up-to-the-minute service of process in Texas and across all fifty states in the U.S. From e-filing your documents to serving subpoenas and other important court documents for you, we’ll keep you updated throughout every step of the process and work closely with you make sure you understand every aspect of your case. To learn more about our services and discuss the details of your case with us, please contact us.
Latest posts by Crystal Schuder (see all)
- Everything You Need to Know about Service of Process in Texas - November 5, 2018
- Why Law Firms Need Experienced Foreclosure Process Servers - October 3, 2018
- How to Serve Someone Divorce Papers in Texas - August 13, 2018