Everything You Need to Know About Process Serving in Dallas
Civil procedure is a complex but vital part of our legal system that varies from state to state. It ensures that the power of a state is balanced, and it protects individuals. Process serving is a component of civil procedure and is an integral part of the rights guaranteed by America’s Constitution in the fifth and sixth amendments. Here is everything you need to know about the service of process and Dallas process serving.
What is Process Serving?
Process service, also referred to as a service of process, is a legal procedure in the United States which states that all parties must be notified when facing legal action against them in the court of law. It is an important aspect of the Due Process of Law, which is a legal requirement that demands the state to respect all legal rights owed to a person. Documents that are a part of service processing can include complaints, subpoenas, summons, writs, liens, and other court documents.
For standard services, it typically takes 5-7 days for papers to be served. However, the turnaround time can vary from process server to process serves. The time it takes to serve papers can be decreased. Many process servers offer rush service and same-day service in addition to routine service.
Because process serving involves serving papers to all parties in a case, you cannot serve papers yourself if you are involved in the case. A process server will be required to serve the legal documents. As a general rule of thumb, if you are involved in a case, either as the person initiating or responding to the court case, it is best to use a process server to serve documents. Typically, you will want to hire a process server located in the are where the documents will be served.
What Does a Legal Process Server Do?
In many states, any U.S. citizen who is over the age of 18, living in the state the case will be tried, and is not a party to the case can serve papers. However, process servers are private citizens who meet the requirements to be a process server in the state they operate. They might also hold certain licenses depending on their state requirements. In general, a legal process server delivers, or serves, court documents to the defendant or the individual listed on the legal document being served. There are several requirements associated with serving legal documents that can vary from state to state and county to county.
Part of a legal process server’s responsibility includes understanding local laws because process servers are legally required to serve the documents in accordance with the legislation in the area of service. For example, in most states, a person can be served anywhere at any time. However, in some states, including Texas, you cannot serve a person on a Sunday. If the process serving is not completed in accordance with the law, this can slow down a case and possibly even result in the dismissal of a case.
A process server will make multiple attempts to serve documents. Sometimes, serving papers requires a bit of creativity, especially in the case of trying to reach evasive defendants. However, a good process server will never pretend to be law enforcement or serve under false pretenses. A good process server will also refrain from breaking and entering or trespassing. Finding a trustworthy and efficient process server is key to serving papers correctly.
What Happens if the Defendant is Evasive?
It is not uncommon for defendants to be evasive. However, this does not erase the need for a process server. If the named parties in the documents cannot be found, the court may allow service by the newspaper if the court finds that a server made a reasonable attempt to serve the documents. This is where finding a professional and reliable process server becomes important.
How to Find Process Serving in Dallas
Because process serving laws can differ from state to state and can even change over time, you will want to work with a process server you can trust. Even if your particular state does not require process servers to have specific licenses, a process server should be experienced in serving legal documents efficiently. This means that they should also have a solid understanding of the legislation regarding the service of process in their state.
Finding a process server in Dallas doesn’t have to be complicated. You can find a process server in Dallas by doing a quick search on a search engine for, “process servers near me” or going through a process server directory like ServeNow, which pre-screens process servers through an application process. You can also hire a process server through a law firm or a process serving company.
The process server you work with should be able to provide timely and quality service, have experience in process serving (including serving evasive defendants), and be knowledgeable in the Texas legislation surrounding service of process. The cost of process serving varies, so the prices of the process servers you consider are something to think about during the selection process. Choosing a local process server can help reduce costs.
Dallas Process Serving
Serving documents might mean handing the documents directly to the defendant or performing substituted service to another individual in the same household or business. In addition to serving documents, a process server can also offer a variety of other services. For example, they might also file your papers with the court either physically or electronically, do skip tracing, conduct courthouse research, provide proof of service, and more.
Stealth Process provides process serving in Dallas, Fort Worth, and the surrounding areas. With a perfect 5-star rating on Google and a listing on ServeNow, which requires two letters of recommendation in addition to passing an application process, you can be confident that Stealth Process will provide superior customer service. At Stealth Process, our process servers receive top-notch training and use top-of-the-line technology to ensure that everything happens sooner rather than later.
Contact Stealth Process today to see how we can help you with your Dallas process serving needs.