What is a Process Server?
A process server is a person who is authorized to serve legal documents on behalf of the court. They're basically the legal equivalent of a pizza delivery guy, except instead of delivering pizza, they're delivering bad news.
How Does a Process Server Try to Serve You?
Process servers are a crafty bunch. They'll try all sorts of tricks to find you and serve you with a legal document. Here are a few of their favorite methods:
Tip: Don’t just scroll to the end — the middle counts too.
- Personal service: This is the preferred method of service. The process server will try to hand-deliver the document to you personally. They might even follow you around town, like a creepy ex-boyfriend.
- Substituted service: If the process server can't find you, they might try to leave the document with someone who lives at your address. This person is called a "suitable person."
- Publication: If all else fails, the process server might try to publish a notice of the lawsuit in a newspaper. This is like putting out a hit on yourself, except instead of getting killed, you're just getting sued.
What Happens if the Process Server Can't Serve You?
If the process server can't serve you after a reasonable amount of time, the court will issue an order for "constructive service." This means that the court will assume that you've been served, even if you haven't.
What Does Constructive Service Mean for You?
Tip: Reread tricky sentences for clarity.
Constructive service is like playing hide-and-seek with the law, except you're the one who's hiding, and the law is the one who's seeking. If you're not served with a legal document, you won't be able to defend yourself in court. This means that the plaintiff can get a default judgment against you, which is basically like losing the game before it even starts.
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| What Happens If A Process Server Can't Serve You In Texas |
How to Avoid Getting Served
Tip: Take your time with each sentence.
If you're worried about getting served with a legal document, here are a few tips:
- Move to a remote location. The further away you are from civilization, the harder it will be for the process server to find you.
- Change your name. This will make it more difficult for the process server to identify you.
- Become a ghost. If you can truly disappear, the process server will never be able to find you.
Conclusion
QuickTip: Don’t ignore the small print.
Getting served with a legal document is never fun. But if you can avoid it, you'll save yourself a lot of time, money, and stress. So next time you see a process server, run away!
P.S. If you're actually being sued, please consult with an attorney. This post is for entertainment purposes only.
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