What Exactly Can a Process Server Do to Serve Papers? 

When you’re involved in a family law case—whether it’s divorce, child custody, or child support—getting legal documents served properly is crucial. One of the most important players in this process is the process server. But what exactly can a process server do to serve papers in Texas, and what are the legal limitations? Let’s break down what you need to know about service of process in Texas.

What is a Process Server?

A process server is a professional authorized to deliver legal documents to individuals involved in a court case. These documents can include divorce petitions, child custody orders, restraining orders, and other family law paperwork.

Proper service ensures that all parties are aware of the legal action being taken and have a chance to respond—an essential aspect of due process.

In Texas, Rule 106 of the Texas Rules of Civil Procedure governs how service must be carried out. 

According to this rule, legal papers can be served in the following ways:

  • In person – The most direct method, where the process server hands the papers to the person being served.
  • Certified mail (return receipt requested) – Typically used when personal service isn’t possible.
  • Alternative service – If a person is avoiding service, the court may approve methods like leaving documents with someone over 16 at the residence or even serving via social media or email, but only with a judge’s permission.

The process server must be certified by the Texas Judicial Branch Certification Commission (JBCC) or otherwise authorized under Texas law to perform service of process.

What Can a Process Server Legally Do?

Process servers are permitted to:

  • Approach someone at their home or workplace to serve papers.
  • Wait discreetly outside a known location where the individual is expected.
  • Use creative, but legal, means to serve someone who is attempting to avoid being served—this can include surveillance, contacting neighbors, or seeking court approval for alternative service.

However, process servers must always follow the law and cannot:

  • Enter a home or private building without permission.
  • Use threats, intimidation, or deception.
  • Impersonate law enforcement or government officials.

Violating these rules could invalidate the service and potentially create legal issues for your case.

What Happens if Someone Avoids Being Served?

In Texas, if a person is actively avoiding service, your attorney can file a motion asking the court to permit substituted service under Texas Rule of Civil Procedure 106(b). 

This might involve:

  • Leaving the documents with someone at their home.
  • Posting them at the residence.
  • Using digital methods approved by the court.

The key is documenting all attempts to serve and showing the court that alternative methods are necessary.

Why Is Proper Service So Important in Family Law?

Whether you’re filing for divorce, requesting a modification of custody, or pursuing child support enforcement, ensuring that papers are properly served is critical. If the service isn’t legally valid, your case could be delayed or dismissed.

A certified Texas process server helps ensure:

  • You stay in compliance with the law.
  • The court has jurisdiction over the other party.
  • Your case moves forward without unnecessary delays.

If you are unsure if you have received proper service of a matter, it is best to consult with an experienced attorney who can guide you.

Work With a Trusted Family Law Team

In Texas family law cases, a process server plays a vital role in ensuring all parties receive proper notice and that court procedures are upheld. By understanding what process servers can and cannot do, you’ll be better prepared to navigate the legal process smoothly and avoid delays in your case.

Taking the time to understand the rules around service of process can make a meaningful difference in the outcome of your family law matter.

To learn more and get the help you deserve, contact our legal team at the Kazen Family Law & Divorce Lawyers and schedule your consultation today if you need help with a divorce, child custody case, property division, or any other family law matter.

We serve all through Travis County and its surrounding areas in Texas. Or visit our family law firm in Austin, TX today at:

Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315