Should I take a document from a process server?
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Should I take a document from a process server?
Asked on January 17, 2015 under Accident Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The thing that you must understand is that just because the process server isn'tactually able to serve you (e.g. can’t get you to open the door), does not mean that you can’t be served. The reality is that by trying to evade service you may do yourself more harm then good. The fact is that after a process server makes several unsuccessful attempts of serving you, they can go back to the court and ask to be permitted to serve you by some other method (e.g. mailing it to your home address or publication in a local newspaper). Once "service" has been made, the court will deem that you have been appropriately served and the clock starts ticking on thetime in which you have to file a response. Bottom line, just open the door.
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