Can Process Servers Use Technology to Serve Papers?
Some states have struggled to keep up with the times when deciding how process may and may not be served there, but Texas has done better than most. With the enactment of new laws on 1/1/2021, process for certain lower court cases may be served by electronic means, including social media, email, and other technology. This is a revolutionary stance on upholding citizens’ right to due process while also considering the ease and convenience of finding defendants who are only available online.
Approval is Required
While Texas law now allows electronic delivery of process, it still must be approved ahead of time by a judge. This is likely because they do not want electronic delivery to be the first way a process server attempts to make contact with the process recipient. Once the server has made several attempts to locate the recipient in person, assuming they can prove that the recipient is digitally present and available, they may request electronic delivery of process.
A Few Problems
As with any new law, there are a few issues that have arisen. First, confirming that the process recipient is actually the person who owns and uses the email address or social media account where the process is being sent can be difficult. If the accounts are used by someone other than the process recipient, are any privacy laws or regulations being violated? How can a process server verify delivery to an email or social media account? Even read requests can be worked around, so a process recipient could say they never received the message with the process while also making it look like they never did. Until Texas or some other state figures out how to deal with these situations, electronic delivery of process will remain a secondary option.
Dallas’ Premier Process Service Agency
Whether in person, via mail, via email, or via social media, the process servers here at Accurate Serve® of Dallas are ready to get your process or other important documents where they need to go, by whatever means necessary. Call us at 469-518-9581 or send us a work request online to get started today!