When Personal Service is Unachievable
Important Steps to Follow:
1-When a motion for Alternative/Substitute service has been granted by a court a process server must read the Order Granting Alternative Service instructions carefully and carry out the appropriate service method on the order
2- Complete the Posting of the documents or Substitute Service depending on what the order allows.
3- THEN Process servers must mail copies of the service documents.
Under certain circumstances, the courts will approve alternative service methods to the Texas-standard personal service. This alternative service Order opens the door to performing substitute service or posting of the documents. Filing a motion for alternative service (or a 106/501*) is a process always initiated by ABC Legal and depending on the court can take quite some time.
Once the process has begun, you will receive a notification in ABC Mobile that reads "Hold Attempts. Motion for TX 106/501 In Progress." A special Proof of Non-Service will be dispatched to you that will require a signature. This is your testament to the truth of the attempts logged so far in that order.
*Rule 106 and Rule 501 of the Texas Rules for Civil Procedure specify when alternative service can be granted by a court.
Requirements Before an Alternative Service
For a Motion for Alternate Service to be possible, diligent attempts must have been completed, and the servee's residency must be confirmed.
Diligence Requirements: For the alternative service order to be approved, Texas courts want to see that you made diligent attempts to perform personal service. In general, that means:
- A minimum of 4 attempts at the address
- One attempt before 11 am
- One attempt after 6 pm
- One attempt on a Saturday
- Varying attempts on different days of the week
- Any other specifications required by the local Court
Residency Confirmation: Some types of residency confirmation can be assisted by ABC Legal or our clients, but we always need process servers to try and achieve the following forms of confirmation:
- A resident, neighbor, or leasing office that confirms the defendant resides at the address
- Mail or packages with the defendant's name that can be seen at the doorstep of the address (never look in the mailbox)
- A picture of a license plate on a vehicle present that is registered to the defendant at the address
Just as you would report that no one is home at the address for service, include in your attempts if you checked with neighbors and no one was home, or if there is no leasing office.
Waiting for the Order for Alternate Service
Hang onto the documents: You'll likely need these documents later, so we'll leave them on your list of orders while we file for Alternative Service with the court.
Once the Order is Granted
When an Order Granting Alternative Service is received by ABC Legal, we will send it to you along with the documents for service (make sure to check towards the end of the documents).
This Order will state the method by which you can serve the documents.
The Order must be served along with the rest of the documents.
Remember to print a second (and sometimes third) copy of the documents when you receive an Order for Alternate Service. You will always be paid for the printing of these extra copies, even if you personally serve the job.
Service Method: Once you receive the Order Granting Alternative Service, ensure that you read it. It will list whether substitute service, posted service, or both is allowed.
Personal Service Still Allowed: Personal service is always allowed when you have an alternative service order in hand. Make it a habit to knock the door one last time before posting!
Minimum Age: When performing Substitute Service, the co-resident must be at least 16 years of age or older. If a co-resident aged 16 accepts the documents do not use the selection "15-17", list their exact age and how it was confirmed in your service notes.
Mailed Copy of Documents
Once the documents have been substitute served or posted, you will need to mail a second copy of the documents to the same address pursuant to the Judge's signed order.
The exact procedure will differ per job so it is crucial that you read the Order for Alternative Service every time you receive one. You may be asked to mail a copy of the Service Documents to the written address by First Class Mail, by Certified Mail, or even both.
If you find yourself mailing by a specific type often, we recommend buying envelopes for first class mail and certified mail return receipts in bulk for when you mail the second copy, as they are notably cheaper this way, and we will still pay you at the same rate for sending them.
Certified Mail Return Receipt Requests
When you send documents via Certified Mail you'll receive a sticker with a bar code, 16 digit tracking number, and receipt. You must fill out this tracking number on the proof of service, while you can keep the receipt for your own records and the tracking number will need to be filled out on the proof of service.
If the Order has requested Certified Mail with Return Receipt Requested you'll be provided with a green card (Shown Below). In section 1 of the green card, include the ABC Legal Texas address (700 Highlander Blvd Ste 200 Arlington TX 76015).
Before the approved order is sent to you in ABC Mobile, we will ensure the proper amount of documents are emailed to you. You should only need to confirm that you have the correct amount of documents before serving and then mailing.
Unique Pay Scale
Jobs served via an Order for Alternative Service are paid differently from typical jobs. Due to the potentially lengthy process of filing a motion for alternative service (usually around 2-4 weeks from submission to approval), ABC will pay you half of your service fee once diligence is complete and you return the signed motion. Then, upon completion of the service - whether it is personal, substitute, or posted - you will be paid the second half. For example:
Process Server Jan Irsman is under contract to be paid $22 per order. Ms. Irsman receives an order, completes five attempts at the service address (including one before 11 AM, one after 6 PM, and one on Saturday), and speaks to the father of the defendant, Tom Foolery. Tom confirms that his son, Reggie Foolery, does reside at the address but is not available to accept the papers. Jan submits this information through ABC Mobile. A motion for alternative service is generated and sent to her. Jan signs the motion and sends it back to ABC and is paid $11 for her efforts. Later, the same order for Reggie Foolery returns to Jan Irsman's list - this time, with an Order for Alternative Service signed by Judge Cal Colfax. Jan returns to the service address and posts the documents. When she submits the service through ABC Mobile, Jan Irsman is paid another $11 for successfully completing the order.
If the order was assigned to another process server - Gilbert Horatio - after Jan Irsman completed diligence, Gilbert would be paid a flat fee of $10 for posting the documents. And, because the order was successfully resolved, Jan is paid the other half of her wage, $11.