There are those individuals out there who receive a huge rush when tracking others down to serve them with lawsuits. We call these people process servers or servers. Sometimes they are individuals who are privately licensed by the State of Texas and sometimes they are Constables who are actually work for the government. These individuals can be a great help to you and your attorney when they are working to serve a lawsuit for you and they can be a pain in your behind when you are the one they are looking for. Ultimately, it is my opinion, that you can’t outrun, outsmart, or hide from service for too long. These people simply have a job to do. They will likely have information about where you live, where you work, what flight you’re coming in on, and even the make, model and plate numbers on your vehicle. In fact, they can even have access to serve you in your own home, wake you up from a dead sleep or catch you cooking breakfast if your spouse allows them into the home.
It is important to know, that when you are served, your audition just started. How you react will most certainly be forwarded onto the other party and his/her attorney. Your reaction and behavior is a gauge of what you may act like in the future and how the opposing party and their attorney may decide to proceed forward. That being said, don’t yell and scream at the server. It only will make you look unstable. They are doing there job. Don’t refuse to sign the paperwork because guess what you don’t have too. Don’t throw your car in reverse and fly down your driveway threatening to take out everyone behind you including the server. And don’t refuse to accept the paperwork because likely the process server will leave it on the ground where they said the magic words, “Mr. Doe, you’ve been served.” That is all that is required. And from that point forward no one is too touch those papers but you. Which means you run the potential to have others know your business because they will likely just be left on the ground or under a rock.
Another important thing to remember, is that avoiding a process server will only go so far. There are rules within the Code that allow a process server or constable to leave the documents with another individual and or affixed to your front door, your work front door, or any other place you are likely to be found. From this point forward you are deemed served. If you get served, you need to contact a lawyer for a consultation right away. Most of the time the documents are time sensitive and you can really damage yourself and your case if you do not respond timely.
This post has been brought to you by The Wright Firm, L.L.P. If you have questions, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.
Recent Comments