Wednesday, October 11, 2023

Questions Frequently Asked About Process Service and SkipTracing

 



What is a process server?

A process server is someone authorized by the courts to inform an individual of their rights to due process. This is because they are being suited.  Service of due process is a privilege set forth by the Constitution. This means that all citizens of the United States hold the right to be informed of being summoned, these legal guidelines are specified in the fifth and sixth amendments of the Constitution. 

Generally if you don't need a process server, you won't know what it is, so it is my pleasure to provide you an answer.


Why Do I Need a Process Server?

You can benefit from a process server filing documents with the courts, serving legal documents and retrieving your documents from court house. We can also run your business errands.

The main duties of the process server is to serve the defendant and/or any parties to the lawsuit. Upon serving documents, the process server should file a affidavit of service (proof of service) with the courthouse, which indicates the service was completed. 

Service must be completed in in the proper manner as set out for the Texas Rules of Civil Procedures.

Your process server can also perform people searches, know as skip tracing.


What is significance of a process server?

A process server makes sure that due process of the law is upheld in the United States. It also allows services to be completed in the professional and effective manner. If the papers are not served properly then it could hinder the courts being able to rule in a case properly. 

In the event of improper service the case could be thrown out of court (Reference: https://www.serve-now.com/articles/130/what-is-a-process-server)



Who governs process servers in Texas?

Judicial Branch Certification Commission (JBCC)For more information on the Certification, visit: http://www.txcourts.gov/jbcc/process-server-certification/

Statues for Process Servers in Texas. For more information, visit: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.156.htm 


Is You Got Served TX licensed to serve process?

NO, because no company can be licensed to serve process. An individual has to be certified to serve. The general manager is certified to serve in Texas. All servers that work with our company are certified under the laws of the state they represent.


What is a Subpoena?

Typically when people are involved in a lawsuits, witnesses receive a subpoena to appear in court. This document orders a person to appear in court to testify for an investigation or legal proceeding at a prearranged time.

If you need to subpoena someone it is recommended that it be served by the process server, because it will be handled in the same professional manner and provide legal proof of the service. 

Anyone can serve the subpoena over the age of 18 years old. It can be deliver by read receipt email, hand delivered or regular mail with return receipt.If you are party to the lawsuit, you cannot serve the subpoena. Check your state laws for subpoena fees.

For more information, please visit https://www.serve-now.com/articles/444/how-to-get-a-subpoena-served


What is Skip Tracing?

When a party to the lawsuit has disappeared, skiptracing is a process of searches to locate that person. A good skiptracer uses high tech tools to locate person. Typically, we can locate a phone number, email, home address, work history, registered vehicles, etc. The accuracy of the search is based on the information provided to the skip tracer and the information available on the person we are looking for. 

No search is guaranteed to locate the party, but we can work with a network of colleagues for assistance. A professional skip tracer knows how to perform these searches while abiding by federal, state and local laws, including privacy or trespassing laws.


What SkipTracing Package do you offer?

  • Silver (Basic search)
  • Gold (Intermediate search)
  • Platinum (Comprehensive Search)

For More information visit: https://www.yougotservedtx.com/skiptracinghttps://www.yougotservedtx.com/skiptracing


The Tattle Taler.....

One of the services my company provides is Process Serving, in Houston and surrounding areas. Visit my website for more details.

I know many people don’t know what a Process Server is, so visit my blog on Process Service for more information.

I received a process to serve for a client in Lake Jackson. Like the Beverly Hillbillies, I hitched up the work truck and headed out (LOL). 

When I arrived, the first thing I noticed was the address was a vacant lot, so I looked around the street to see if maybe the address was in a different place. There were cars parked on the road, and not too far from those cars was a gentleman working in the yard. I pulled over behind some parked cars to ask the gentleman if he knew where the address was.

As I began speaking with the gentleman, a little boy—who had to be about eight-years-old—walk to the car parked in front of me. His ears were perking up, basically being nosey.

The gentleman told me, “The streets are so similar. Who are you looking for?”

I gave him the name of the person I was looking for.

Before the man could utter a syllable, the little boy said, "That's my mom and she's right there." He pointed to the house, where a woman and her boyfriend were standing. I could tell they were moving things out of the house.





They spotted me and began walking towards me. I asked for her name and she verified that she was the person I was looking for. I handed her the paperwork and turned on my heels to walk away.

As I was making my way back to my “Journey”, which was my work truck, I couldn’t stop myself from cracking up when I heard her scream, "They found me! They found me!" followed by her boyfriend asking, “How did they find you?”

My first thought was, ‘I found you because your nosey son told me who and where you were.’ My second thought was if one of my three adult children had told a stranger who I was without knowing why that person was looking for me, they were going to have to do their sitting standing up for a while (LMBO). You never know who could be looking for you and that’s how people get killed.

See, I could’ve just closed the case as unservable had her son not given her away. 

Process serving isn’t the dramatic flair you see in movies and television with the whole “You’ve been served” bit. Process Servers just verify the right person and get a physical description. Texas law doesn’t require us to say that, but I love to say it when needed…..especially if it’s a servee that gives me a hard time or caused me to make toooooooo many visits to their residents.

Even Job said, “Why do I put myself in danger?” (Job 13:14)

Train your children……..KMSL

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