Glass House Investigations LLC
Glass House Process Servers
Professional, Reliable, Accurate

What is Service of Process? 

United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the legal system.

 

People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, orders, motions, writs, etc.

 

Oftentimes, the serving of process “Starts the Clock” on resolution of the case.

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Do I need a Process Server?

Hiring a legal Process Server is an important step in proceeding with a court action. Process servers have the skills and experience to serve your legal documents in timely manner and, most importantly, serve them in accordance with the local and state process serving laws.

 

There are several key requirements associated with the rules of service of process. In some states you cannot serve on Sundays or holidays. Some places do not allow papers to be served on a person traveling to court. It is also very important to note that papers cannot be served by someone who is involved in the case or legal proceeding.

 

If a serve is not done in accordance with these and other rules, this can hinder your case from going forward or result in the dismissal of your case. Improper service may also cause undue delays which may affect court fees, and attorney’s fees.

 

If you are serious about your case, you want the papers to be served properly. Paying a professional process server can save your case.

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Who can serve papers?

 

In Texas Rules of Civil Procedure Rule 103 states:

 

“Process-including citation and other notices, writs, orders, and other papers issued by the court-may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court. Service by registered or certified mail and citation by publication must, if requested, be made by the clerk of the court in which the case is pending. But no person who is a party to or interested in the outcome of a suit may serve any process in that suit, and, unless otherwise authorized by a written court order, only a sheriff or constable may serve a citation in an action of forcible entry and detainer, 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 delivery the process. The order authorizing a person to serve process may be made without written motion and no fee may be imposed for issuance of such order”. 

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What are the benefits of using a process server?

By using a process server, you are dealing directly with the company who is going to be serving your papers. You will save time and money and be able to communicate efficiently regarding your serves should you have questions regarding the status.

 

Additionally, all our process servers are trained, courteous, and professional.

 

Most importantly, by choosing Glass House Process Servers you have the peace of mind in knowing that your important legal matter is being handled by experienced professionals. 

 

What does a Process Server do? 

A process server delivers (serves) legal documents to the defendant, individual, or entity (corporation) listed on the legal document being served. Once the documents are delivered, a Return of Service or an Affidavit of Service is notarized or signed with Affidavit language and the original is given to the party who requested the service so it can be filed in court. Documents can also be E-filed in many counties.

 

Does a Process Server need to be licensed?  

In Texas, a "Certified process server" or "process server" means a person who is certified by the Texas Judicial Branch Certification Commission under order of the supreme court to serve process. 

 

What is an Affidavit of Service? 

An Affidavit of Service is a signed and often notarized document provided to you upon completion of serving your documents. An affidavit of service states when, where, and who was served. There are several other affidavits that can be provided. For instance, an Affidavit of non-service describing due diligence may be provided if the person to be served cannot be located.

 

Can you file the affidavit of service with the court? 

Yes, process servers routinely file affidavits of service and other legal documents with the court for an additional fee. 

 

Can papers be faxed or e-mailed?

In many cases you will be able to fax or e-mail papers to be served. You will need to find out if the original papers need to be served before determining how you will send the papers to us to be served. 

 

How long does it take to get papers served?

Glass House Process Servers offers several options to have your documents served. Turnaround time will vary depending on which option you choose: Routine Attempts (3-5 days), Rush Attempts (1-3 days), Next Day Service and Same Day Service.

 

What if the person does not accept the papers?

In most cases the recipient does not have to accept service for it to be considered effective. If the defendant comes to the door but refuses the papers, the process server may leave the papers at their feet and walk away. It's important to refer to local service of process laws as they may vary from state to state.

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What if the person cannot be found or is evasive?

If the named party in the documents cannot be found, the court may allow service by publication in a newspaper or by mail. Typically, the court may request that a reasonable attempt be made to serve the defendant, or the person named before they grant permission to allow service by publication. Therefore, it is so important to hire a professional process server who is familiar with local rules and regulation.

Substituted Service should be done as the last resort and shown as part of the Due Diligence process. Please be sure to always refer to the rules of civil procedure in your state to make sure you are in compliance with local rules and regulations.