Attorneys with offices in multiple states and regions need a private process server in Austin who understands the specific laws and regulations in the area. Process server regulations can vastly differ from state to state, and are always subject to change.
Firefly Legal can help you to partner with a private process server who exceeds expectations, has a relationship with the local court system, adapts to the unique circumstances of every case, and remains within legal compliance.
Here are some of the laws and regulations that impact a process server in the Texas capital.
Who can serve legal documents in Austin?
A process server in Austin must be certified by the Judicial Branch Certification Commission (JBCC) to act on behalf of attorneys as an unbiased third party and deliver legal documents (including all complaints and subpoenas).
Process servers must complete education courses as mandated by the Texas courts. Certification must be renewed every two years, and includes continuing education courses. However, any person over the age of 18 can apply to become a process server.
Who a private process server can serve in Texas
It’s important to remember that a process server must record every delivery attempt and file due diligence affidavits with the courts. A Firefly Legal process server will clearly communicate with you about each attempt, and will keep you informed of court filings.
Based on the Texas Rules of Civil Procedure, a process server can deliver legal documents to any of the following parties:
- Anyone over the age of 16 who resides in the home of the intended recipient
- An intended recipient at their residence or place of employment
- President, vice president, or registered agent of a corporation
- A defendant who is served in person, electronically, or by certified mail
- Secretary of State when an intended recipient cannot be located
Hours a process server can work in Austin
A process server in Austin doesn’t have to adhere to time restrictions and can deliver legal documents at any hour. However, it’s smart to follow general guidelines and avoid service between the hours of 10:00 p.m. and 6:00 a.m. Process servers in Texas are also prohibited from delivery on Sundays.
Additional process server laws and regulations in Austin
Additional regulations in Austin that can impact process servers include:
- A defendant’s refusal to accept service does not void delivery or case progress.
- Acceptable service methods include personal delivery (in person or electronically), substitute service (leaving documents with an adult), service by mail (with a return receipt), and service by publication (with court approval).
- Process servers are permitted to serve intended recipients on military bases and in prisons.
- Documents served in person must contain the delivery date
Proof of service must be filed with the courts. - A process server is required to follow the state’s Certified Process Server Code of Ethics.