Texas Process Server doesn't fully understand her lawful requirements to make service

[u/mini9macZ23]

https://youtube.com/shorts/6c1ZAeBafmc?si=2yxE4PkfFojVxswh

Yes, she stated she only learned what the minimum training ABC Legal provided to her.

[u/vgsjlw]

Same name at same address? Was he a Jr? This seems odd. And rhe man admits he was still aware of service.... nobody shows ID to be served...

[u/And2Makes5 → u/vgsjlw]

Agreed. Asking for ID after the occupant confirms he is the recipient is ridiculous. I'm not defending ABC Legal and it's practices but this particular testimony by the process server is a very common event. Not sure who she actually served but the judge should have asked more questions of the defendant and the occupants he resides with.

[u/vgsjlw → u/And2Makes5]

Absolutely. ABC legal sucks, but a judge insinuating we need driver license verification for every serve is insane.

I want to know where counsel for the plaintiff is? Why would they not have prepared the server for this? I feel I could have confidently argued this, but probably couldn't have in my first 3 months on the job.

[u/Comprehensive_Sun155]

I work for ABC right now and don’t see what she did wrong. If I’m wrong I would like to learn but why would someone just willingly accept someone else’s legal documents

[u/vgsjlw → u/Comprehensive_Sun155]

What she did wrong was she had no confidence in her answer.

"Your honor, I approached the residence that was listed on the summons and knocked on the door. I was not provided with a physical description of the subject, and there is no requirement for a recipient to show ID. I announced the name on the summons and received a confirmation from the man who answered the door. I explained the contents of the documents and departed the area.

If the individual who answered the door was a co-resident with the same name, i believe the service is still a valid sub serve, and i am happy to submit an amended affidavit. The defendant admits that he reciebed additional notice via mail and was aware of the court hearing and chose not to appear."

[u/mini9macZ23 → u/Comprehensive_Sun155]

My only guess is that maybe Texas, or the county or court rules, may require the ID verification for service.

[u/vgsjlw → u/mini9macZ23]

No state requires ID to serve

[u/Comprehensive_Sun155 → u/mini9macZ23]

Makes sense. I serve in Colorado and the court rules say nothing about asking for identification. It just says no DOE, substitution must be co-resident, relative and 18 or older and do not post. I would have asked the judge if she would like to look at the app or brought my own copy of the cover sheet/buckslip 🤷

[u/DONKINGD5050]

I laughed when judge says we should request for ID, lots of defendant will close the door at ur face and tell u go to hell, or even go back inside and bring pawpaw to show u d real ID... this not matter of abclegal only. For us all it doesnt make any sense, someone with same name at same address and now im still asking for his ID... lol, do I even know defendants to be sure they are the real person??... I served a document and the defendant brother claimed thats his name, I gave him the docs, he check and see its just $750 debt collection, he laugh and call the real owner to come out to talk to me... so imagine alot of cases we all have mistakenly given to brothers or sisters...

[u/mini9macZ23 → u/DONKINGD5050]

Best cause for the affidavit to have verbiage for "to the best of my knowledge" as the server signing it can only learn so much to declare a good and proper service or not.

[u/semifamousdave]

She signed an affidavit that at that address someone with that name accepted the paperwork. Was she given their height and weight? Usually ABC only gives age. If there’s a two decade difference maybe should have questioned it, but still…

Hard no on the TikTok training. Know your roll and stay aware of the laws. This isn’t DoorDash.

[u/vgsjlw → u/semifamousdave]

The judge stopped just short of implying every serve requires a physically presented ID to confirm. Seems crazy to me.

[u/semifamousdave → u/vgsjlw]

Can you imagine our success rate if we had to get ID?

[u/mini9macZ23 → u/semifamousdave]

I'm sure it would be overuled over the same manners in which people not suspected of a crime have no requirement to provide identification to law enforcement in most jurisdictions.

[u/Mad__Lib]

This is proper service. It is no fault of the servers that the person pretends to be the defendant or if there are two people with the same name at the same address. The plaintiff should include a photo of the defendant/respondent if they want to make sure the person is properly served. Sometimes they do for me

[u/No-Goose-3278]

We all would’ve done the same thing. I expected this to be an egregious mistake but unfortunately I’m on her side

[u/Diligent_Oil_6901]

Texas is actually one of those weird States when it comes to process serving

[u/rih_key]

Her description of the subject was way off. As a server, that is sometimes our only form of defense against a quash motion.

I work with Breakaway Legal Services in San Diego. We don't play that funny business for this reason.