How-To Article 1.

There is a Deadline to Serve the Defendant.

Important to realize, is that your privacy matters. Above all, the server is directed not to discuss the service documents outside of the scope of service of process.

Therefore, please provide any deadlines, such as statute of limitations, that would be hidden within the body of the documents.

Prepare the Request for Process

• Following preparation of the petition, prepare the request for issuance. Most counties have their own form of request. When a county does not have its own form, you may submit the request by correspondence.
• File the request together with the petition. The request should include the name of the person being served, the service address and the name of the party who is making the request.
• If the county allows, you may make a request for electronic issuance; either by e-mail to the clerk or by providing special instructions to the clerk at the time of filing.
• Without hesitation, we can handle preparation of the request for process and e-filing on your behalf.

Pay applicable legal fees.

• In addition, fees will be due to the clerk for:
  • filing the petition;
  • issuance; and
  • a copy of the petition to be attached to the citation.
• Generally, the fees charged will vary by county.
• We are happy to assist you with determining fees.

The Citation is issued for service on the Defendant.

• Once the clerk issues the citation, it should be picked up either in person or by e-mail.
• We can accommodate personal pick up throughout the State of Texas and nationwide.
• We explicitly take special care when handling service documents received and ensure that every document is served.

Serve the Defendant.

• Whenever serving the defendant, locating a good address will expedite your service.
• In particular, a police report is a useful tool that provides the defendant’s driver’s license number and his last known address.
• Additionally, services such as Lexis offer up to date home and business addresses.
• We can work together with a private investigator in any event to locate the defendant for you.
• With this purpose in mind, service attempts will be made within three days of receipt of service. Up against any deadline, a detailed description of each attempt will be provided at the time of the attempt. The description will include discussions with neighbors, vehicle information and observations made at the time of the attempt.
• On the whole, the service of subpoenas may be expedited.
• Finally, we will assist you with e-filing of the return.

Provide special instruction on how to serve the Defendant.

One point overlooked is how we serve the defendant can be further expedited with additional information. If your service requires special instruction, please be certain to advise of same at the beginning of your service.

For example, dates and times a person will be available, phone numbers, physical descriptions or other details will expedite your serve.

While it may be true, that a defendant might be amiable to accepting service, it is helpful to know the defendant’s work schedule and times he is at home.

In the long run, this will save you both time and money. We’re on your side.

Reference the Client/Matter Number.

Please provide the reference or client/matter number, when applicable. In the same fashion, your reference will be noted on all correspondence and invoices.

Also, please provide your request that status updates be provided to any other paralegal or secretary when necessary.

We appreciate your business and want to provide you with high quality service that falls in line with our client’s guidelines.

Sub-Serve the Defendant.

Once in a while the defendant refuses to accept service; at which point, the plaintiff may move the court to grant substituted service. 

To sum up, a motion that is supported by an affidavit is filed with the court. The affidavit must support diligent service attempts have been made and that the address is good. The motion requests that a judge sign an order. Once the judge signs the order, we move forward with service.

At this instant, Anchor Administrative Legal Support, LLC will walk you through the proper process.

Serve the Defendant through the Texas Secretary of State.

It must be remembered, where service through the Texas Secretary of State is authorized, it must already be made a part of the record by the party who is effecting service. Not to mention, re-issue the citation. Lastly, without delay serve the Texas Secretary of State by personal service, certified mail/return receipt request or overnight mail.

Please contact us for further details.