"Service" or "Service of Process" is making sure the other side gets a copy of the papers you are filing (for example, a complaint). If you are starting a case, your case cannot go forward until the other side is served. Someone who is capable of serving must physically give a copy of all necessary

forms to the person whom you filed a complaint against in court. It is very important that you do this correctly. If you do not, then the court may dismiss your case. If you have an uncontested case and the other side is willing, there is a special rule to make service easier.

Rule 103.

Who May ServeCitation 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 by 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 a 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.

(Amended June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988.)

106. Method of Service.

Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by

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.

Upon motion supported by affidavit stating the location of the defendant's 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)(I) or (a)(2) at the ocation 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.

(Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1, 1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan.

1, 1988; April 24, 1990, eff. Sept. 1, 1990.)

Rule 176.5 Service

Manner of Service. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the

witness' attorney of record. Proof of Service. Proof of service must be made by filing either:

the witness's signed written memorandum attached to the subpoena showing that the witness accepted the subpoena;

or

2. a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served.

YES.

Express Litigation Services (ELS) is licensed to serve in Texas.

An Affidavit of Service and a Proof of Service are the same thing - a signed document that your process server gives you once your documents have been effectively served. An Affidavit of Service shows you who was served and when and where the service took place.

An Affidavit of Service is an important piece of evidence to prove to the court that your documents have been correctly served. If an Affidavit of Service cannot be provided, you may need an Affidavit of Due Diligence from your process server. This document will assert that the person to be served cannot be found, even though attempts have been made to locate the person.

In the state of Texas you must hire a process server in order to have a successful service.

Express Litigation Services ensures that your documents are delivered affordably, legally, and on time. Our Process service does not cost a great

deal but can save you a great deal of legal hassle. A process server is a good investment to make if you are serious about your case. Call Express Litigations Services today.

Yes.

Express Litigation Services offers document filing services as well as other support services that will help you in your legal case. There is an additional fee for these support services. To inquire about all fees, give Express Litigations Services a call today.

In the state of Texas a defendant or target does not have to formally accept the papers. If the target admits his or her identity but refuses the papers, the process server can leave the papers at the target's feet and walk away. The service will still be considered effective.

If someone can not be found, Texas courts will allow service via newspaper, (alternative posting) meaning a publication of the service in a local newspaper will be considered sufficient service. However, in order for the court to approve such a measure, you will be required to prove in court that you have made reasonable attempts to find the person (diligent search) who must be served. Working with a professional process server is one way to establish this.

In Texas, "substitute service" is possible, in which someone close to the defendant or target is served instead. However, this procedure is only used

when all other options have been exhausted and must be shown as part of the Due Diligence process.

First, find out if original documents must be served. If original documents must be served, you will need to send the documents to Express Litigation Services by mail or courier, or pick-up. If not, you will be able to email, fax, or upload from our website the documents to your process server.

You will want to find out whether original documents need to be served or not so that you do not end up paying for shipping costs.

A process server must serve or deliver court documents to the individual listed on the documents being delivered. In order to do so, process servers may have to make multiple attempts or travel from a person's home to their place of work.

A process server must also be careful not to break any

regulations or laws governing service of process. Once the court documents have been delivered, the process server must get a Proof of Service (also known as an Affidavit of Service) notarized. This proof or affidavit must then be given to the person or organization that requested the court documents be delivered.