Process Server: What to Expect When Legal Documents Need to Be Served

Why You Can’t Serve Documents Yourself

Texas law prohibits parties to lawsuit from serving their own papers. You can’t hand divorce papers to your spouse. Can’t deliver lawsuit to defendant yourself.

Why? Court needs neutral third party proving service happened. Process server provides that proof.

Proof of Service

After delivery, process server files affidavit with court stating:

• Who was served
• When service happened
• Where service occurred
• How documents were delivered
• That proper person received papers

Court requires process server proof before case moves forward.

According to the Texas Rules of Civil Procedure, proper service of process through a licensed process server is mandatory for courts to exercise jurisdiction over defendants in civil cases.

How Process Server Locates People

They Have Current Address

Easy scenario :

• Go to known address
• Knock on door
• Identify person
• Hand them documents
• File proof of service

Most process server jobs are straightforward when location is known.

Address Is Old or Wrong

Harder situation:

• Skip tracing to find current address
• Database searches
• Neighbor interviews
• Surveillance of last known location
• Social media investigation

Process server must locate person before serving documents.

Person Is Avoiding Service

Most challenging for process server:

• Subject knows papers are coming
• Hiding
• Won’t answer door
• Moved without forwarding
• Using family to block service

Experienced professionals have tactics for avoiding subjects.

Common Ways People Avoid Being Served

Won’t Answer Door

Classic avoidance when process server arrives:

• See through window who’s there
• Don’t answer knock
• Pretend not home
• Stay quiet until server leaves

This delays service but doesn’t prevent it forever.

Family Members Lie

Process server encounters at door:

• “He doesn’t live here”
• “She moved out”
• “Haven’t seen them in months”
• “Wrong address”

Family protects person temporarily.

Changed Routine

When avoiding process server:

• Leave house different times
• Use different entrances
• Park elsewhere
• Have someone check before exiting

Surveillance helps process server catch avoiding subjects.

Moved Without Notice

Avoidance tactic against process server:

• Moved to friend’s or family’s house
• Using temporary address
• Staying at hotels
• Homeless to avoid service

Skip tracing locates people for process server delivery.

Workplace Avoidance

Some think workplace protects from process server:

• Employer says they’re not available
• Security won’t let process server in
• They hide when process server arrives

But process server can serve at work in Texas.

Where Process Server Can Serve Documents

At Home

Most common location for process server:

• Knock on door
• Hand documents to person
• Serve any adult at residence if person unavailable
• Leave with family member over 16

Home service by process server is standard.

At Work

Process server can serve at workplace:

• Office or job site
• During work hours
• Publicly without causing scene
• Professional and discreet

Work service by process server is legal and common.

In Public Places

Process server can serve anywhere person is found:

• Restaurants or bars
• Gym or recreational areas
• Parking lots
• Public events
• Anywhere legally accessible

Public service by process server is valid.

Not at Church

Texas law restricts process server from serving at:

• Churches during services
• Courthouses (in some circumstances)
• Voting locations on election day

Limited locations where process server cannot serve.

What Happens During Service

 Identifies Person

Before handing documents, process server must:

• Confirm identity
• Ask name
• Verify they’re correct person
• Sometimes check ID or description

Process server can’t serve wrong person.

Documents Are Handed Over

Actual service by process server:

• Hand papers directly to person
• Explain what documents are
• “You’ve been served”
• Person doesn’t have to accept willingly

Once process server hands over documents, service is complete even if person refuses or throws papers down.

 Notes Everything

After service, process server documents:

• Exact time and date
• Specific location
• Person’s appearance
• What was said
• Any witnesses present

Detailed notes protect process server affidavit if challenged.

Affidavit Is Filed

Process server completes proof of service:

• Sworn statement
• Filed with court
• Contains all service details
• Legally binding testimony

Court accepts process server affidavit as proof documents were delivered.

What If Person Can’t Be Found?

Diligent Search Required

Before alternative service, process server must:

• Attempt service multiple times
• Different days and times
• Document all attempts
• Exhaust reasonable efforts

Court requires proof process server tried diligently.

Substituted Service

When process server can’t personally serve:

• Leave with family member at home
• Leave with adult at residence
• Must also mail copy
• File affidavit of attempts

Substituted service by process server is valid if done properly.

Service by Publication

Last resort when process server exhausted all options:

• Publish notice in newspaper
• Court must approve
• Requires proof of search efforts
• Takes weeks to complete

Publication service after process server attempts is rare but sometimes necessary.

Check out our process serving services for professional document delivery throughout Houston and Texas.

Why Proper Service Matters

Case Can’t Proceed Without It

Court won’t move forward until process server completes service:

• Divorce can’t be finalized
• Lawsuit stays pending
• Restraining order isn’t enforceable
• Eviction can’t happen

Everything waits for process server to serve documents.

Defective Service Ruins Case

If process server does it wrong:

• Service gets challenged
• Case gets dismissed
• Start over with new service
• Waste time and money

Professional process server does it right first time.

Time Limits Matter

Many cases have deadlines:

• Restraining orders need immediate service
• Evictions have time limits
• Lawsuits have filing deadlines
• Divorce waiting periods start at service

Delays from unsuccessful process server attempts cost time.

Person’s Rights Are Protected

Proper service by process server ensures:

• Person knows about legal action
• Has time to respond
• Can prepare defense
• Due process is followed

Court requires process server to protect everyone’s rights.

According to the American Bar Association, improper service of process is one of the leading causes of case dismissals and delays, emphasizing the importance of professional process server services.

How Long Process Server Takes

Easy Service: 1-3 Days

When process server has good address and person isn’t avoiding:

• First attempt often succeeds
• Maybe second try if not home
• Quick completion

Fast process server delivery when straightforward.

Moderate Difficulty: 1-2 Weeks

When process server faces challenges:

• Need to verify address first
• Person has irregular schedule
• Multiple attempts required
• Some avoidance tactics

Standard timeline for process server with complications.

Difficult Service: 2-4 Weeks

When process server must:

• Locate person through skip tracing
• Deal with active avoidance
• Surveillance to catch person
• Multiple locations checked

Extended timeline when process server faces difficult subject.

Impossible to Serve: Alternative Methods

If process server exhausts all efforts:

• Court petition for substituted service
• Publication process
• Additional weeks or months

Last resort when process server cannot complete personal service.

Cost of Process Server

Standard Service

Routine process server delivery typically costs:

• Single attempt at known address
• Straightforward service
• Quick completion
• Proof of service filed

Basic process server fee for simple cases.

Skip Tracing and Location

When process server must find person:

• Database searches
• Investigation time
• Multiple location checks
• Surveillance if needed

Additional costs when process server must locate subject.

Multiple Attempts

If process server must return repeatedly:

• Each attempt may cost extra
• Mileage to location
• Time spent waiting
• Surveillance for avoidance

Costs increase when process server faces difficulty.

Rush Service

Emergency process server delivery:

• Same-day service
• After-hours attempts
• Weekend service
• Priority handling

Premium price for urgent needs.

Choosing Process Server

Must Be Authorized

Texas requires process server to be:

• Licensed private investigator
• Certified process server
• Sheriff or constable
• Court-authorized person

Not just anyone can work as process server legally.

Experience Matters

Good process server has:

• Knowledge of Texas laws
• Experience with avoidance tactics
• Skip tracing skills
• Professional approach

Experienced professionals complete difficult services.

Proper Documentation

Professional process server provides:

• Detailed affidavits
• Court-ready proof
• Complete documentation
• Legally sound service

Quality paperwork matters for your case.

Understanding of Urgency

Your case matters. Good process server:

• Acts quickly
• Communicates progress
• Solves problems
• Gets documents served

Responsive process server keeps your case moving.

What to Tell Your Process Server

Accurate Information

Give process server:

• Correct full name
• Current address if known
• Physical description
• Vehicle description
• Work location and schedule
• Photo if available

Better information helps process server succeed faster.

Avoidance Warnings

Tell them if subject:

• Knows papers are coming
• Has avoided service before
• Made threats
• Is likely to hide

Warning help plan approach.

Urgency Level

Explain to process server:

• Court deadlines
• Restraining order urgency
• Why quick service matters
• Time sensitivity

Documents can be prioritize based on urgency.

Special Circumstances

Inform process server about:

• Dangerous situations
• Aggressive person
• Guard dogs
• Security gates
• Special access requirements

Safety and logistics matter.

Real Talk About Service

Getting papers served seems simple. Just hand someone documents, right?

But when person doesn’t want to be served—when they’re hiding, avoiding, using family to block—suddenly simple task becomes complicated.

That’s why professional process server exists. We know how to find people. How to catch avoiding subjects. How to serve documents legally even when person doesn’t want them.

Your case can’t move forward until process server completes service. Divorce stuck. Lawsuit pending. Restraining order not enforceable.

Don’t let avoiding person control your timeline. We documents delivered so your case proceeds.