The U.S. Constitution provides
that “no person shall be deprived
of life, liberty, or property without
due process of law.”
True
Due process of “law” requires a
hearing before a lawful tribunal, a
notice of the hearing, and an
opportunity to be heard and to
present evidence.
True
In order for process to be binding
upon the person who receives it,
the process must be delivered by
whatever manner is prescribed
by law, statute, and the Texas
Rules of Civil Procedure. ”
True
Service of a Citation on Sunday
for the collection of a debt is
permitted in Texas.
False
A Subpoena Duces Tecum is
a subpoena to compel a
person to produce documents
or things. (Evidence)
True
The Texas Rules of Civil
Procedure are adapted by the
Supreme Court of Texas and
have the effect of law.
True
In an action in which a citation may be
delivered on the Secretary of State, the
service may be made by certified mail,
return receipt requested, by the clerk of
the court, by the party, or the
representative of the party.
True
According to the Criminal Trespass Law
in the Texas Penal Code if I am
attempting service at a residence and I
am asked to leave, it is not necessary for
me to leave because that person is
Preventing Execution of Civil Process and
I am there legally delivering process.
False
If a residence is completely fenced or
any other enclosure obviously
designed to exclude intruders, I may
not legally enter the enclosed area to
deliver the process.
True
If while attempting to deliver a civil
paper to a person, you intentionally
and knowingly cause physical contact
with that person, you could be
charged with assault.
True
After having been put on
notice to leave a building or
property, it is appropriate to
return the next day and
attempt to deliver the process.
False
If I am found to have signed an
affidavit that is untrue, the
Supreme Court may prohibit me
from serving process and
criminal charges may be filed
against me.
True
A citation issued by a
Texas civil court may be
served on any day of the
week except Sunday.
True
True
The rule that sets forth who
may serve a federal court
Summons and Complaint is
Federal Rule 4.
Federal Court Summons and
Complaints have a time limit of 90
days for delivery (service).
False
(120)
True
A Federal Summons and Complaint
can be sub-served at a defendants
residence on anyone of appropriate
age if the person resides there
without an order for substituted
service.
The return of citation by an
authorized person must
either be notarized or an
Unsworn Declaration be
attached.
True
A subpoena must command the person to
whom it is directed to do either or both of the
following:
(a) attend and give testimony at a
deposition, hearing, or trial;
(b) Produce and permit inspection and
copying of designated documents or tangible
things in the possession, custody, or control of
that person.
True
If a Federal Summons is addressed
to a corporation and I find a
residential address of the President,
Vice-President, or Registered Agent,
I can sub-serve it at that residence
by leaving the process with anyone
of appropriate age if the person
resides there.
FALSE
THE PSRB WILL NOTIFY ME
WHEN MY APPOINTMENT
HAS BEEN APPROVED
IF SOMEONE NEAR YOU ANSWERED “TRUE”
PLEASE POINT TO THAT PERSON SO WE CAN
RID OURSELF OF A DUMB B***
When delivering a Citation issued
by Texas J.P. Court, the process
server does not have to endorse
the date of delivery on the
citation given to the defendant.
FALSE
A citation is assigned to another member of
your process service firm for delivery. After
several attempts to deliver the process that
individual quits and leaves the state. The
citation is then given to you for delivery. If
your attempts are unsuccessful you may
execute an affidavit for substituted service
and include the attempts made by the
previous process server.
FALSE
When serving a Limited Liability
Company the process may be
delivered to the President, Vice
President, as well as to the
Registered Agent.
FALSE
Service of a Citation and Petition
to any partner of a Partnership
establishes jurisdiction on the
Partnership.
•True
TRCP Rule 107allows me to produce
my own return of service. However, it
must conform to all requirements for
returns.
True
On the return of a citation, I
must never state that I
served the within named
defendant.
True
If the address on the citation is
the same as where I delivered
the process, it is not necessary to
put the address on my return of
service
FALSE
When delivering a citation issued by a
Texas civil court at a residence a person
states that the defendant is home but
cannot come to the door and identifies
himself as the defendant’s spouse; then I
can deliver the citation to the spouse
without an order for substituted service.
FALSE
Substituted service of a
Subpoena issued by a
Texas Court is authorized
under Texas Rules.
FALSE
In a state court preceding a
witness may not be required by
subpoena to appear at a hearing
that is more than 150 miles from
where the person resides or is
served.
True
When an order for substitute service
orders me to leave the citation and
petition with a person over sixteen
(16) years of age, my return must
state the name of the person to whom
the process was delivered, but need
not state the person was over sixteen
(16) years of age
FALSE
To be effective a Temporary
Restraining Order should be
personally delivered to the
named party no less than
three (3) days before the court
date.
True
When computing time for
appearance the date of
service and the date of the
appearance are not
included.
True
The Return of Service on a
Temporary Restraining Order
can be filed any time before or
after the date of the hearing
specified in the order.
FALSE
The return should always
include the name of the
defendant or witness I
delivered to, the date and time
of delivery and the address
where I delivered the process
True
If a defendant’s name is
wrong on the front (command)
of a citation, I should cross out
or whiteout the incorrect name
and enter the correct spelling
before delivering the citation
FALSE
Tampering With Governmental
Record.
The return form was prepared by the
court clerk and the preprinted form
states that an original petition was
delivered. If, in fact, it was a first
amended petition, in my return I
should not mark through the words
original petition and add first amended
petition because I cannot change any
part of a court form.
False
If substitute service is made, the
return must reflect that the process
server strictly complied with all
requirements stated in the order
for substituted service.
True
In a suit against a county,
the citation may be served
on the county judge of the
defendant county or the
District or County Attorney.
FALSE
When I deliver a citation in a
Family Court suit, it is only
required that I put the date of
delivery on the return of
service and not the citation I
deliver to the party.
FALSE
A return of service that states,
“by serving (defendant’s
name)” is defective because it
fails to describe the ________
A return of service that states,
“by serving (defendant’s
name)” is defective because it
fails to describe the method of
delivery.
True
An authorized person shall
endorse on all process coming
to his/her hand, the day and
hour on which he/she received
them.
True
Service on a foreign
corporation is accomplished
in the same manner as
service on a domestic
corporation.
True
Inclusion on the Supreme Court of
Texas list authorizing me to serve
process confers upon me the
authority to compel a person to
cooperate with me while attempting
service of said process.
FALSE
It is not necessary for the private
process server to sign the return of
service of a Citation before a Notary
Public or execute a declaration if the
return form has no provisions for a
notary’s verification or a declaration.
FALSE
A Texas financial institution
may file in the office of the
Secretary of State a
statement appointing an
agent authorized to receive
process.
True
For substituted service, the courts will require
me to provide in an affidavit stating the
location of the defendant’s usual place of
abode or place of business or other place
where the defendant can probably be found
and state specifically the facts showing where,
how, the dates and times I made my
unsuccessful attempts and to specify that all
statements are true and correct
True
When the defendant is a corporation,
I fill out the return by putting the
name of the corporation. It is not
necessary to also put the name and
title of the person to whom I delivered
the process.
FALSE
Insurance companies of all types
are allowed to appoint an attorney
in fact to accept process on its
behalf, and leaving process with
such a person who provides a letter
showing that fact is permitted.
True
If the return of service form was
issued by the court clerk and it
does not provide a place to write
or type an address of service,
then I need not put the address
of service on the return.
FALSE
If I deliver a citation issued by a
court that does not include the
blanks for verification I do not
need to sign that document
before a notary public.
FALSE