RATIONALE FOR THE ANY DISINTERESTED ADULT STANDARD IN THE
CURRENT NINETEEN LAWS AND RULES
Accountability and oversight inherent to the occupation:
THE RETURN OF SERVICE-
A “Return of Service” is a legal document required with each and every court process delivered in Texas.
The return of service provides the court with the facts of service and is sworn to by the process server under
penalty of perjury. Falsifying information on a return of service constitutes two crimes; tampering with a
government document and aggravated perjury (a felony.) The moment it is filed with the court it
constitutes the additional crime of filing a fraudulent instrument. These prohibitions are inherent
deterrents that provide adequate protection for the public. It can be said that a private process server
places his/her freedom on the line with each and every service they complete. This element alone
supersedes most blue collar occupations.
APPLICABLE CIVIL AND CRIMINAL LAWS-
In addition to those elements of oversight inherent in the return of service, any infraction a process server
might commit is already sufficiently addressed by both civil and criminal laws. Trespassing, perjury,
assault, impersonating an officer, unauthorized practice of law, etc. are all crimes; and process servers can
be sued in civil court for fraud, civil trespass, harassment, etc.
ANSWERABLE TO THE COURTS-
Process servers are accountable and answerable to the courts and can be called into court for questioning
VETTED BY LICENSED ATTORNEYS-
Process servers are vetted by the licensed attorneys who hire them. Attorneys retain control over the
service of their process and provide direction and legal advice to their process servers. Any question a
process server might have regarding proper procedure can be answered by the attorney client.
SUMMARY: Over the last three decades, thousands of private process servers have lawfully served
millions of legal documents in Texas. There is no record of service related criminal convictions or a
measurable number of civil suits against process servers. For all these reasons, the Texas Legislature,
Texas Governors, the Texas Supreme Court, and the United States Supreme Court have combined to enact
at least 19 laws and rules that allow service of process in Texas by any disinterested adult.