Process Server Laws: Texas

[Darin Biddle]

(Edited March 3, 2009)

Who can be a process server in Texas?
Any adult over the age of eighteen (18) years old, that is not a party to the case, or a member of a corporation or organization that is a party, may serve (deliver) the papers.

Does Texas require process servers to be licensed?
No.

Are there any day or time restrictions to service of process in Texas?
Rule 3-125: Process may be served on a Sunday or holiday, except that a writ of distraint or for eviction or possession shall not be served on Sunday.

(Source Link)

---

Other Recommended Training Books:

1. SECRETS OF SUCCESSFUL PROCESS SERVING & CERTIFICATION
   (Includes PROCESS SERVICE TEST and Forum Access to IPIU members. Examination & Diploma are optional)
   
   
2. HOW TO MAKE MONEY AS A PROCESS SERVER
   
   
3. PROCESS SERVER'S HANDBOOK AND LEGAL REFERENCE DIRECTORY
   
   
4. PROCESS SERVING FOR PROS
   
   
5. The Registered Process Server's Guide

There are three by-laws in Texas concerning process servering. They are as follows....

• RULE 6. SUITS COMMENCED ON SUNDAY.
  
  No civil suit shall be commenced nor process issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings; provided that citation by publication on Sunday shall be valid.
  
  
  
• RULE 103. TEXAS RULES OF CIVIL PROCEDURE. WHO MAY SERVE
  
  Citation and other notices may be served anywhere by (1) any sheriff or constable or other person authorized by law or, (2) by any person authorized by law or the written order of the court who is not less than eighteen years of age. No person who is a party to or interested in the outcome of the suit shall serve any process. Service by registered or certified mail and citation by publication shall, if requested be made by the clerk of the court in which the case is pending. The order authorizing a person to serve process may be made without written motion and no fee shall be imposed for issuance of such order.
  
  
  
• Rule 106, T.R.C.P. METHOD OF SERVICE
  
  (a) Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by:
  
  (1) delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
  
  (2) mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
  
  (b) Upon motion supported by affidavit stating the location of the defendants usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(1) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service
  
  (1) by leaving a true copy of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
  
  (2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit.

To qualify under Rule 103 a person must be a sheriff, a deputy sheriff, a constable, a deputy constable, or a person appointed by the court issuing the process.

In Dallas, Denton, Tarrant, Travis, Bexar, and a few other counties the courts have adapted a “standing order.” The administrative judge in those counties reviews the applicant and determines whether he or she is qualified. If the order is granted the individual may serve certain items of process (Citation and other Notices) without further order.

To qualify for the 103 order the person must sign an affidavit attesting to the fact that he or she is over the age of 18, is a disinterested party, and has no disqualifying criminal convictions. The disqualifying conviction varies from jurisdiction to jurisdiction.

Some counties, such as Dallas and Denton, require training.

An exception to Rule 103 is found in Rule 176. A subpoena may be served by any disinterested party who is 18 years of age or older. Federal Summons (Federal Rule 4) and Subpoenas (Federal Rule 45) may also be served by any disinterested person who is age 18 or older.

After appointment by the court to serve process it is the responsibility of each individual to generate his own book of business. The courts will not provide process to be served nor will they provide leads to new business. Many who are new to the industry gain experience and knowledge by serving process for an established company. Nearly all major cities have a number of established process service companies. View our Help Wanted page for some leads to those companies.

The charge for serving process is set by the process server (or his company policy.) Many base their charges upon what the county officers (Sheriff & Constables) charge. A call to your local District Clerks office should reveal the county fees. Others charge by the hour or by other criteria. It is the responsibility of the litigant asking for service to pay the fees, and is usually done through their attorney.

[Darin Biddle]

(Edited March 3, 2009)

Who can be a process server in Texas?
Any adult over the age of eighteen (18) years old, that is not a party to the case, or a member of a corporation or organization that is a party, may serve (deliver) the papers.

Does Texas require process servers to be licensed?
No.

Are there any day or time restrictions to service of process in Texas?
Rule 3-125: Process may be served on a Sunday or holiday, except that a writ of distraint or for eviction or possession shall not be served on Sunday.

(Source Link)

---

Other Recommended Training Books:

1. SECRETS OF SUCCESSFUL PROCESS SERVING & CERTIFICATION
   (Includes PROCESS SERVICE TEST and Forum Access to IPIU members. Examination & Diploma are optional)
   
   
2. HOW TO MAKE MONEY AS A PROCESS SERVER
   
   
3. PROCESS SERVER'S HANDBOOK AND LEGAL REFERENCE DIRECTORY
   
   
4. PROCESS SERVING FOR PROS
   
   
5. The Registered Process Server's Guide

There are three by-laws in Texas concerning process servering. They are as follows....

• RULE 6. SUITS COMMENCED ON SUNDAY.
  
  No civil suit shall be commenced nor process issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings; provided that citation by publication on Sunday shall be valid.
  
  
  
• RULE 103. TEXAS RULES OF CIVIL PROCEDURE. WHO MAY SERVE
  
  Citation and other notices may be served anywhere by (1) any sheriff or constable or other person authorized by law or, (2) by any person authorized by law or the written order of the court who is not less than eighteen years of age. No person who is a party to or interested in the outcome of the suit shall serve any process. Service by registered or certified mail and citation by publication shall, if requested be made by the clerk of the court in which the case is pending. The order authorizing a person to serve process may be made without written motion and no fee shall be imposed for issuance of such order.
  
  
  
• Rule 106, T.R.C.P. METHOD OF SERVICE
  
  (a) Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by:
  
  (1) delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
  
  (2) mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
  
  (b) Upon motion supported by affidavit stating the location of the defendants usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(1) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service
  
  (1) by leaving a true copy of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
  
  (2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit.

To qualify under Rule 103 a person must be a sheriff, a deputy sheriff, a constable, a deputy constable, or a person appointed by the court issuing the process.

In Dallas, Denton, Tarrant, Travis, Bexar, and a few other counties the courts have adapted a “standing order.” The administrative judge in those counties reviews the applicant and determines whether he or she is qualified. If the order is granted the individual may serve certain items of process (Citation and other Notices) without further order.

To qualify for the 103 order the person must sign an affidavit attesting to the fact that he or she is over the age of 18, is a disinterested party, and has no disqualifying criminal convictions. The disqualifying conviction varies from jurisdiction to jurisdiction.

Some counties, such as Dallas and Denton, require training.

An exception to Rule 103 is found in Rule 176. A subpoena may be served by any disinterested party who is 18 years of age or older. Federal Summons (Federal Rule 4) and Subpoenas (Federal Rule 45) may also be served by any disinterested person who is age 18 or older.

After appointment by the court to serve process it is the responsibility of each individual to generate his own book of business. The courts will not provide process to be served nor will they provide leads to new business. Many who are new to the industry gain experience and knowledge by serving process for an established company. Nearly all major cities have a number of established process service companies. View our Help Wanted page for some leads to those companies.

The charge for serving process is set by the process server (or his company policy.) Many base their charges upon what the county officers (Sheriff & Constables) charge. A call to your local District Clerks office should reveal the county fees. Others charge by the hour or by other criteria. It is the responsibility of the litigant asking for service to pay the fees, and is usually done through their attorney.

[Admin]

Some quotes from previous discussions:

Robert Kraus wrote:

Texas - Question about PPS

OK , did some research for San Antonio on Process serving.

There is a addendum to Rule 103 for San Antonio, it states that $25 fee will be paid for processing and that I must have proof of insurance as well. Plus you must have a Passport photo, which I assume is for some sort of ID that they will issue me when they get done. This is understandable, but i wondering do need to also set myself up with a DBA and Tax ID #???

I mean to legally serve process as a individual, do I have to take care of that stuff, or do alot of people do it under the table??

The actual title for a process server in San Antonio is "Private Process Server.

Any comments or suggestions would be greatly appreciated!!!!

Also, almost forgot, anyone know what the cost of the insurance is approximatly???

Each applicant to be a Private Process Server shall file with the District Clerk of Bexar County, Texas, the affidavit and indemnity agreement prescribed by this order ..... and a Certificate of Coverage for a professional liability insurance policy, including coverage for errors and omissions, with minimum limits of liability of $100,000.00/$300,000.00 and having Bexar County, Texas named as loss payee. The clerk is further authorized to assess and collect a fee of $25.00 for costs incurred in the processing of each application. Applicants must also furnish to the District Clerk a current color passport type photograph.

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More info for San Antonio Area Process Server (Bexar County Only)

A DBA is a good idea but not required.

Tax ID is not nessacery for a Process Server but is for a PI.

Insurance is $666.75 a year for a Process server in San Antonio, but this also covers for PI Insurance.

I submitted my stuff and should be a working process server as of tomorrow!!! It was a peice of cake to set up. I am already going to be doing overflow for a few people in the area, if you need someone served in San Antonio drop me a line

Jason Walpole asked:

In the State of Texas, once I am sworn in on one case, do I have to be resworn for all other cases.

Also, when serving, what rules do I have to follow?

Any hints of suggestions?

-------

In Dallas, Denton, Tarrant, Travis, Bexar, and a few other counties the courts have adapted a “standing order.” The administrative judge in those counties reviews the applicant and determines whether he or she is qualified. If the order is granted the individual may serve certain items of process (Citation and other Notices) without further order.

How do I submitt an app to these counties?

David Michaelis posted:

here are acouple links i have found here in Texas:

www.1staustinprocessservers.com
This is one in austin. it has some information on how to become a server.

Also there is www.TPSA.WS

For north Texas there is WWW.NTPSA.com

[020909090443]

According to the portion of Rule 103 in red below, it appears that I would not be able to serve process papers for the law firm I currently work for. Would I be considered "interested in the outcome of the suit" if I work for the firm that files suit? Can someone verify or clarify this for me?

RULE 103. TEXAS RULES OF CIVIL PROCEDURE. WHO MAY SERVE
Citation and other notices may be served anywhere by (1) any sheriff or constable or other person authorized by law or, (2) by any person authorized by law or the written order of the court who is not less than eighteen years of age. No person who is a party to or interested in the outcome of the suit shall serve any process. Service by registered or certified mail and citation by publication shall, if requested be made by the clerk of the court in which the case is pending. The order authorizing a person to serve process may be made without written motion and no fee shall be imposed for issuance of such order.

[Rockie]

Originally posted by Regina L. Black
No person who is a party to or .....

Great answer and knowledge, Regina! This is sometimes tough to understand. Great work!

[Ms Chris Norm]

I do not think anyone has answered your question Regina, but I think it is yes. Double check with your employer they should know the law on that!

[Ann Marie Ryan]

Originally posted by Christa Norman
I do not think anyone has answered your question ---

Probably because it was not posted in the correct topic, which I have now moved it to.

Regina, read the first post in this topic.

[020909090443]

Originally posted by Ann Marie Ryan

Probably because it was not posted in the correct topic, which I have now moved it to.

Regina, read the first post in this topic.

It still didn't answer my question. Would I not qualify as a "disinterested party" merely because I work for the firm? I personally do not have an interest in any of our cases we work on, but someone else may look at it as me having a interest in it merely because I work for the firm. Or maybe if I didn't work on the particular case that the service was being done -- but another attorney in our firm was -- maybe then I would be qualified.

I have discussed this with one of the attorneys I work for and they were not sure of the answer.

[Ann Marie Ryan]

Originally posted by Regina L. Black

I have discussed this with one of the attorneys I work for and they were not sure of the answer.

I think you should speak with the senior partner. Either that or they were not interested in taking the time to find the answer in their case law.

Ask your firm if a disinterested "attorney" can take on a defendent in a case where the plaintiff's attorney is a member of the same law firm. I suspect the answer would be "no", as the appearance of a conflict of interest would prevail. And appearances are everything when an attorney and a process server are appearing before a judge with the power to dismiss the case.

Then you can see that you may very well be an interested party where you draw an employment check from the law firm (in whole or in part) that profits from the case you are processing.

The saying "follow the money" is one used to prove an interest, no matter how small or large.

There is another method you can approach, but it involves incorporation and the use of a nominee president and stock holder. The costs amount to $2000.00 set up, and an annual fee of $1000.00 . The famed Jesse Jackson uses three corporations in such a lawful manner to avoid the appearance of a conflict of interest.

Or, simply use a family member (who does not draw a pay check from the law firm) to refer all summons to.

Suggestion: Obtain a copy of Blacks Law Dictionary and explore the use of "interested party".

[Susan L. Arredondo]

I want to say that I am glad I read all the post on Process Service Laws. I spent the better part of last week asking where I live and got very few answers. I want to begin in my area, and am having a tough time. Any suggestions would be appreciated.

Susan L. Arredondo

[Admin]

Originally posted by Susan L. Arredondo
I want to begin in my area, and am having a tough time. Any suggestions would be appreciated.

Susan L. Arredondo

Susan, you have typed in your signature your business name. In order for the business name to remain in your signature, you need to provide us with a business license number and all of the details by privately emailing legal3@ipiu.org for approval.

Thank you.

[Robert Moreno]

Well I am a new member and this information is great to know.
Thanks

[Barbara Hardin -]

I ask the question, because a attorney, here in my hometown as me about being a process server for him, he needed one. I was not sure on the process server laws here in Texas. Now I know what to do about, becoming one. Thank you all for the information, I know what to tell him now. It is a good day!

[Georgina Laesch Colvin]

Thank you so much for the rules and advice on Process Serving. It's important to know who can serve and how to serve an individual.

What is a DBA? I didn't understand what a DBA was.

It's also helpful to know the cost of insurance. This is a hypothetical question to make sure I understand this topic. If I were to become a process server in Bexar County, is the cost of this insurance an out of pocket expense for me, or for whom I am employed by or am I going in there as an applicant on my own behalf? The $25.00 collected by the District Clerk would be for an application for employment as a Private Process Server, for that particular county right? If I am responsible for providing the insurance, (which the more I think about it I am) where would I purchase it? With any insurance company?

Would I be the one sued for a mistake if I make one? Then my insurance company would have to pay out to the state of Texas?

I just want to be sure that I understand this information correctly. Any information would be great.

Georgina Laesch

[Joe Dan Earnest]

Does anyone know what the process in Lubbock TX is to become a process server?
Once you become a process server is it hard to find work , since Law enforcement seem to serve papers

[Joe Dan Earnest]

Another question, Can a person serve papers to an inmate in a state prison in TEXAS?

[Joe Dan Earnest]

Is there a specific time of day you can serve papers, and how long do you have to serve them before you cant serve them. Is there a time limit?

[Tiffiny Dixon]

What I wanted to know is there any classes here in the Johnson County,that I can take?I have search so many different areas and have not found anything.Can I just go and work under an attorney as an Process Server?Or must I be licensed to do so?

[Melba Martell]

I live in Houston Texas. I am interested in working either in Harris County and/or Fort Bend County as a process servier. Does anyone know the rules for these areas? Any info in this regard would be greatly appreciated.

Melba

[Jamie Van Hook]

Originally Posted by Joe Dan Earnest

Does anyone know what the process in Lubbock TX is to become a process server?
Once you become a process server is it hard to find work , since Law enforcement seem to serve papers

Another question, Can a person serve papers to an inmate in a state prison in TEXAS?

Is there a specific time of day you can serve papers, and how long do you have to serve them before you cant serve them. Is there a time limit?

Joe,

You need to read the very first post in this thread and find out the rules in the county that you live in. You also should start out by talking with the Clerks Office. They can narmally give you the phone number of anyone else that you may needs to get information from.

Jamie

[Jamie Van Hook]

I live in Houston Texas. I am interested in working either in Harris County and/or Fort Bend County as a process servier. Does anyone know the rules for these areas? Any info in this regard would be greatly appreciated.

Melba

Melba,

You need to read the very first post in this thread and find out the rules in the county that you live in. You also should start out by talking with the Clerks Office. They can narmally give you the phone number of anyone else that you may needs to get information from.

Jamie

[James Bone]

If I am correct, if you want to be a Process Server for your county, you need to contact the county clerk for your county and see what their requirements are? It may be an application, application fees, and the required amount of insurance, or whatever your county requires. Thanks MR. Biddle for your post.

[Linda Siniff]

Thank you so much for the rules and advice on Process Serving. It's important to know who can serve and how to serve an individual.

What is a DBA? I didn't understand what a DBA was.

It's also helpful to know the cost of insurance. This is a hypothetical question to make sure I understand this topic. If I were to become a process server in Bexar County, is the cost of this insurance an out of pocket expense for me, or for whom I am employed by or am I going in there as an applicant on my own behalf? The $25.00 collected by the District Clerk would be for an application for employment as a Private Process Server, for that particular county right? If I am responsible for providing the insurance, (which the more I think about it I am) where would I purchase it? With any insurance company?

Would I be the one sued for a mistake if I make one? Then my insurance company would have to pay out to the state of Texas?

I just want to be sure that I understand this information correctly. Any information would be great.

Georgina Laesch

Geat Questions!!!!!!!!!!!!!! I hope that someone will answer them so that we will both know the answers.

[Melba Martell]

Thanks for your help Jamie. I read the info in the forum and found it very useful.

Melba

[Denise Damazio]

A DBA means "doing business as". Say you want to start a business but you don't want to use your given name, you can file a dba with the state to call it what you want.

Hope this helps,
Denise

[Kat Krastin]

www.1staustinprocessservers.com
This is one in austin. it has some information on how to become a server.


This website no longer exists??? I can't get it to respond on my computer...

Kat Krastin
[Email edited by Moderator: Forum Rules]

[Kenneth Corbin]

This is the feild of topic that intrest me "Process Server' of Tarrant County. I have just started this program of learning how to ferther my capabilities that will help me acheive my goals.

[Samantha K Lomas--]

What does Process Serving really consist of?

[Tamara Bell]

I am interested in being a process server, I got alot of great information from reading in the forums. Now I know what to do in my area to become a process server, or at least what to do to get started.

[Lori Copaus]

Melba
This is what I found out about serving in Texas. I was contacted by 3 companies to serve for 3 different counties. They got me in on an 103 in their county from the judge which allowed me to serve in Harris County. As far as Harris County, you have to be certified to serve for Harris County, not in Harris County, if you understand that. And to be certified for HC, you have to take a test which is given once a year in April, in Austin most likely and the cost is roughly $100. Once you pass your test, you are certified to serve for HC. I plan on taking the test this year. I have already done 3 serves here in HC, but for other counties. Also, if you have any problems, call the TPSA office in Austin, they will more than gladly help you out. Also, if you become a member of TPSA, you get contacts that way, that is how I got contacted. Membership is around $75 per year.(which you can make a whole lot more than that). So it's definately worth the membership.

Lori E. Copaus
P. I. Trainee

[Robert G Allen]

Very good information on this thread about process serving in Texas. Just one more good example of the type of help we can find here.

Bob Allen

[Mark Smith]

I want to thank Lori Copaus and some of the other post for giving insight on process serving

[Lori Copaus]

Thank You Mark
I am getting ready to take the test for Harris County of April 30, 2005.
The cost of seminar/test is $100, plus background check and fingerprints.
Hope I pass.
This will be a new opportunity for me if I pass.

Lori E. Copaus
P. I. Trainee

[Roberto Santos Gerena -]

I want to thank you everyone for all the good information given to us new PI's. I have learn so much about process serving that I myself would like to do as one of my assignments. Thank you so much and keep the good info coming, Robert Santos.

[Melanie Morrow]

ok this information is helpful but I'm still confused. How do you get the application to apply with the courts to become a process server?

[Darin Biddle]

ok this information is helpful but I'm still confused. How do you get the application to apply with the courts to become a process server?

Just go to your local court clerk's office and they will have all of the information that you'll need.

[Lori Copaus]

Today I took the Harris County Process Servers seminar and test. I am hoping the results turn out positive. We will be notified by mail within 2 weeks of the testing.
The class had alot of vital imformation to this field. I am not sure if anyone answered Regina's question, but the answer is no, she can't serve papers for the law firm that is an employee of.
Hope this helps.

Wish me luck

Lori E. Copaus
P. I. Trainee

[Cynthia Ford]

Just go to your local court clerk's office and they will have all of the information that you'll need.

Darin,

We have soooo missed you since your last post in April. I hope all is well with you and your family.

Cynthia

[Joseph R]

Hey Folks:

For those who have not kept up with it - the Texas Supreme Court has taken over providing a standing order for the entire state. There are certain requirements needed to meet the requirements - go to this website to see the requirements and to see if you were grandfathered - On Standing Orders in Dallas, Denton, or Harris County.

http://www.supreme.courts.state.tx.us/psrb.asp

Cheers

JR

[Joseph R]

If you have not yet obtain a standing order you can go to the above website and obtain an application - and find out which schools are certified to provide the necessary training for certification.

http://www.supreme.courts.state.tx.us/psrb.asp

Cheers

JR