Houston Texas Motion For Private Process Service

State:
Texas
City:
Houston
Control #:
TX-CC-26-03
Format:
PDF
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A03 Motion For Private Process Service
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FAQ

A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law.

In most cases, three attempts will be made, and at different times of the day and on different days. If the process server fails to serve the documents after all attempts are made, the applicant can go to the court and ask permission to deliver the documents by a substitute or alternative service method.

Texas Rule of Civil Procedure 106 requires that the process server first try to deliver the papers in person or by certified mail. You can ask the court to serve them in another way if trying to serve them in person or by certified mail didn't work. Texas rules now let you serve people by e-mail or even social media.

Process servers deliver legal documents to defendants respondents and witnesses to persons involved in legal proceedings. Delivered documents range from: court summons; subpoenas; private lawsuits; complaints; to other court dealings. Process servers must also abide by state and federal laws.

Standard process serving fees range anywhere from $20 to $100 for a routine serve nationwide. Routine serves are defined as the initial attempt to locate and contact the targeted person who's supposed to be served the legal documents in question.

Only a sheriff, constable, or clerk of the court may make service by publication. (Rules 109, 116). Private process servers may not perform service by publication.

He may ask the person being served to sign that he or she received the legal documents once served, but it isn't necessary. If someone refuses to accept the papers, then a server can drop them besides that person or at their feet and tell them that they have been served.

If granted, the judge will allow the server to leave the documents with anyone over the age of 16 years of age at your residence or, more often, simply leave it affixed to your front door or on your door step.

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Houston Texas Motion For Private Process Service