TEXAS (TX) CERTIFIED PROCESS SERVER EXAM
QUESTIONS AND CORRECT ANSWERS| LATEST
UPDATE
What is process?
The document used to inform a defendant of the institution of proceedings
against him & to compel his appearance.
Also known as "citation," which is issued by the clerk of the court upon request of
a party to the lawsuit.
It also includes other notices, writs, orders, or other papers issued by the court.
What is a subpoena?
A document that commands a person to appear & give testimony and/or produce
& permit inspection & copying of documents or tangible things.
This is not "process" & need not be delivered by an authorized process server, but
a process server may be employed.
What is Service?
The delivery of the proper documents in a proper manner to the proper person by
a person authorized to make such delivery.
Who is allowed to serve process?
a. Constables/sheriffs & their deputies are automatically authorized to serve
process. Other officials may be authorized by specific statutes.
,b. A person who is at least 18 may be authorized by written order of the court. An
individual trial court may make an order authorizing a certain person to make
service in a case out of that court.
c. A person may be certified by the JBCC pursuant to order of the Texas Supreme
Court. (There is no such
thing as a "licensed" process server in Texas.)
d. The clerk of the court must make service by mail, if requested; but service by
mail may also be made by a sheriff, constable, or process server.
e. Only a sheriff or constable (unless a private process server is authorized by a
court order) may serve a citation in an eviction case, a writ that requires the
actual taking of possession of a person, property, or thing, or process requiring
that an enforcement action be physically enforced by the person delivering the
process.
A private process server may not serve a writ of attachment, writ of
sequestration, writ of execution, writ of habeas corpus, or any writ for the
enforcement of a judgment or for seizure of a person or property.
f. No person who is interested in the outcome of a suit may serve any process to
do with that suit.
g. Any disinterested person who is over 18 may make service on a defendant who
is absent from the State or is a nonresident of the State of Texas.
h. Only a sheriff, constable, or clerk of the court may make service by publication.
i. A subpoena may be served by any sheriff/constable of TX or by any person who
is not a party & is 18+. A person need not be an authorized process server in order
to serve a subpoena, but private process servers are frequently employed to
,Where may service of process be performed?
Once authorized to serve process for cases in a TX court, that person may serve
papers from that court anywhere in TX or in any other state.
TX rules permit a server to make service in a foreign country. Each country has its
own laws, which may or may not allow a TX resident to make service in that
country.
No subpoena, summons, complaint, citation, writ or other process may be served
on any person at or near the site of any mediation session.
When may/must service of process be performed?
a. When a server receives any papers to be served, all process must be executed &
returned without delay. In cases of a temporary restraining order (TRO),
temporary injunction, or a family court protective order, service must be
immediately.
b. No process on Sunday, except in cases of injunction, attachment, garnishment,
sequestration, or distress proceedings, or if citation is by publication.
c. Citations in delinquent ad valorem tax cases must be served within 90 days after
the date of issuance or returned to the court unserved.
d. Citations, other than in delinquent ad valorem tax cases, do not expire.
There is no deadline on the citation itself. However, each citation coming into the
hands of a process server should be served as promptly as possible. Claims are
usually subject to a statute of limitations which will bar the suit if not brought
within the time allowed. Not only must the plaintiff file the suit within the time
allowed, but must also obtain service on the defendant within the time limitation.
If the plaintiff and the process server have been diligent, the law may allow an
exception for a few extra days for service of process. The allowance of extra days
is not automatic & will be decided by the court.
, e. There is no legal restriction on the time of day at which a citation may be served.
Do not serve process late at night or too early in the morning. In a few instances, a
defendant's schedule may mean that the only time the defendant can be reached
is late at night or early in the morning. If you can do so safely, you may attempt
service at these times.
f. Justice Court cases may move more rapidly than cases in county or district court.
In a repair & remedy case against a landlord, the citation must be served at least
six days BEFORE the appearance date.
In an eviction case, the citation
What are the duties of a process server?
(1) to promptly & properly deliver the proper papers to the proper person
(2) to promptly & properly complete & file with the court a return of service. The
return of service is the written doc used to prove that proper service has been
made. A written return must be filed promptly & specific info must be stated.
Before any service is made, the server must endorse on all process & precepts
coming to his hand the day & hour on which he received them.
For servers serving papers for a company, where the process is received by the
company before being received by the individual process server, it is sufficient to
use the day & hour the process was received by the company. A server company
will frequently stamp the date received before giving the citation to the server to
serve. This notation may be made on the face of the citation. It must be made on
the original, not the copy handed to the defendant.
The server should record the:
QUESTIONS AND CORRECT ANSWERS| LATEST
UPDATE
What is process?
The document used to inform a defendant of the institution of proceedings
against him & to compel his appearance.
Also known as "citation," which is issued by the clerk of the court upon request of
a party to the lawsuit.
It also includes other notices, writs, orders, or other papers issued by the court.
What is a subpoena?
A document that commands a person to appear & give testimony and/or produce
& permit inspection & copying of documents or tangible things.
This is not "process" & need not be delivered by an authorized process server, but
a process server may be employed.
What is Service?
The delivery of the proper documents in a proper manner to the proper person by
a person authorized to make such delivery.
Who is allowed to serve process?
a. Constables/sheriffs & their deputies are automatically authorized to serve
process. Other officials may be authorized by specific statutes.
,b. A person who is at least 18 may be authorized by written order of the court. An
individual trial court may make an order authorizing a certain person to make
service in a case out of that court.
c. A person may be certified by the JBCC pursuant to order of the Texas Supreme
Court. (There is no such
thing as a "licensed" process server in Texas.)
d. The clerk of the court must make service by mail, if requested; but service by
mail may also be made by a sheriff, constable, or process server.
e. Only a sheriff or constable (unless a private process server is authorized by a
court order) may serve a citation in an eviction case, a writ that requires the
actual taking of possession of a person, property, or thing, or process requiring
that an enforcement action be physically enforced by the person delivering the
process.
A private process server may not serve a writ of attachment, writ of
sequestration, writ of execution, writ of habeas corpus, or any writ for the
enforcement of a judgment or for seizure of a person or property.
f. No person who is interested in the outcome of a suit may serve any process to
do with that suit.
g. Any disinterested person who is over 18 may make service on a defendant who
is absent from the State or is a nonresident of the State of Texas.
h. Only a sheriff, constable, or clerk of the court may make service by publication.
i. A subpoena may be served by any sheriff/constable of TX or by any person who
is not a party & is 18+. A person need not be an authorized process server in order
to serve a subpoena, but private process servers are frequently employed to
,Where may service of process be performed?
Once authorized to serve process for cases in a TX court, that person may serve
papers from that court anywhere in TX or in any other state.
TX rules permit a server to make service in a foreign country. Each country has its
own laws, which may or may not allow a TX resident to make service in that
country.
No subpoena, summons, complaint, citation, writ or other process may be served
on any person at or near the site of any mediation session.
When may/must service of process be performed?
a. When a server receives any papers to be served, all process must be executed &
returned without delay. In cases of a temporary restraining order (TRO),
temporary injunction, or a family court protective order, service must be
immediately.
b. No process on Sunday, except in cases of injunction, attachment, garnishment,
sequestration, or distress proceedings, or if citation is by publication.
c. Citations in delinquent ad valorem tax cases must be served within 90 days after
the date of issuance or returned to the court unserved.
d. Citations, other than in delinquent ad valorem tax cases, do not expire.
There is no deadline on the citation itself. However, each citation coming into the
hands of a process server should be served as promptly as possible. Claims are
usually subject to a statute of limitations which will bar the suit if not brought
within the time allowed. Not only must the plaintiff file the suit within the time
allowed, but must also obtain service on the defendant within the time limitation.
If the plaintiff and the process server have been diligent, the law may allow an
exception for a few extra days for service of process. The allowance of extra days
is not automatic & will be decided by the court.
, e. There is no legal restriction on the time of day at which a citation may be served.
Do not serve process late at night or too early in the morning. In a few instances, a
defendant's schedule may mean that the only time the defendant can be reached
is late at night or early in the morning. If you can do so safely, you may attempt
service at these times.
f. Justice Court cases may move more rapidly than cases in county or district court.
In a repair & remedy case against a landlord, the citation must be served at least
six days BEFORE the appearance date.
In an eviction case, the citation
What are the duties of a process server?
(1) to promptly & properly deliver the proper papers to the proper person
(2) to promptly & properly complete & file with the court a return of service. The
return of service is the written doc used to prove that proper service has been
made. A written return must be filed promptly & specific info must be stated.
Before any service is made, the server must endorse on all process & precepts
coming to his hand the day & hour on which he received them.
For servers serving papers for a company, where the process is received by the
company before being received by the individual process server, it is sufficient to
use the day & hour the process was received by the company. A server company
will frequently stamp the date received before giving the citation to the server to
serve. This notation may be made on the face of the citation. It must be made on
the original, not the copy handed to the defendant.
The server should record the:
