Process Server Fee Dispute
Summary
In Texas, process servers must serve a citation with the petition for service completion. If a citation was missing, additional fees may apply. If the servers oversight caused the error, charging again may be unethical. However, if you didnt provide the citation, the server might charge for the additional service. Discuss the issue directly with the server and review any agreements or communications to clarify responsibilities. Consider negotiating a fair resolution or consulting a local legal advisor for further guidance.Full Conversation
Do process servers need to have a citation to serve in order for a service to be considered complete?
Hi ****! In Texas, for a process service to be considered complete, the process server typically needs to serve the defendant with the citation along with a copy of the petition or complaint.
Do you have any specific concerns or additional details about your situation?
Do you have any specific concerns or additional details about your situation?
My server wants to charge me another fee because the original service didn't contain a citation. Is it ethical to charge another fee?
Hey ****! It sounds frustrating to get charged again. Generally, if the initial service was incomplete due to missing the citation, it might be fair for them to charge an additional fee for the extra work. However, this can vary based on the agreement you had with the server.
Did you have any contract or agreement that specifies what is included in the service fee?
Did you have any contract or agreement that specifies what is included in the service fee?
No, but the server said he assumed the citation was included and delivered the documents. He knew what type of case it was and that it required a citation.
Case Rating: *
In your situation, it seems like a misunderstanding or a lack of clarity in the initial agreement. Here are some factors to consider:
- If there was no explicit agreement, the server might charge extra for additional work.
- Ethical practices can vary, but clear communication and understanding of services are essential.
Would you like more information on how to handle this with your process server?
In your situation, it seems like a misunderstanding or a lack of clarity in the initial agreement. Here are some factors to consider:
- If there was no explicit agreement, the server might charge extra for additional work.
- Ethical practices can vary, but clear communication and understanding of services are essential.
Would you like more information on how to handle this with your process server?
Yes
Case Rating: *
It seems like a misunderstanding in the initial agreement with your process server. Here are some steps you can take to handle this:
- Discuss the issue directly with the server and explain your perspective.
- Review any communications you had with the server to clarify expectations.
- Consider negotiating a fair resolution.
Would you like more information on how to approach this conversation or any specific legal advice on this matter?
It seems like a misunderstanding in the initial agreement with your process server. Here are some steps you can take to handle this:
- Discuss the issue directly with the server and explain your perspective.
- Review any communications you had with the server to clarify expectations.
- Consider negotiating a fair resolution.
Would you like more information on how to approach this conversation or any specific legal advice on this matter?
Yes.
Case Rating: *
To approach this conversation with your process server, consider the following:
- Be clear and concise about your expectations and the confusion regarding the citation.
- Stay calm and professional during the discussion.
- Offer to split any additional costs if you feel it is fair.
Would you like more details on how to document communications or any specific legal advice?
To approach this conversation with your process server, consider the following:
- Be clear and concise about your expectations and the confusion regarding the citation.
- Stay calm and professional during the discussion.
- Offer to split any additional costs if you feel it is fair.
Would you like more details on how to document communications or any specific legal advice?
Can I ask another question?
Case Rating: *
Of course, ****! Feel free to ask your question. I'm here to help.
Of course, ****! Feel free to ask your question. I'm here to help.
The affidavit from my process server has multiple errors? Resulting in it being rejected by the courts. It had the incorrect case number?
Case Rating: *
Hey ****, having errors in an affidavit can indeed be problematic. Here are a few steps you might consider:
- Contact the process server to correct the errors and resubmit the affidavit.
- Ensure all details like case number and parties involved are accurate.
- Double-check all documents before resubmitting.
Do you need more information on how to correct the affidavit, or on any specific part of this process?
Hey ****, having errors in an affidavit can indeed be problematic. Here are a few steps you might consider:
- Contact the process server to correct the errors and resubmit the affidavit.
- Ensure all details like case number and parties involved are accurate.
- Double-check all documents before resubmitting.
Do you need more information on how to correct the affidavit, or on any specific part of this process?
Are process servers supposed to review the documents before serving
Case Rating: *
Hey ****! Generally, process servers are responsible for delivering documents accurately, but they are not required to review the contents for correctness. Their main duty is to ensure the documents are served according to legal guidelines.
Would you like more information on how process servers should handle their responsibilities in Texas?
Hey ****! Generally, process servers are responsible for delivering documents accurately, but they are not required to review the contents for correctness. Their main duty is to ensure the documents are served according to legal guidelines.
Would you like more information on how process servers should handle their responsibilities in Texas?
yes
Case Rating: *
Hey ****! In Texas, process servers are primarily responsible for ensuring the documents are served correctly and according to legal guidelines. They generally do not review the content for accuracy, but they should verify that they are serving the correct documents related to the case.
Would you like more information on what steps you can take if your process server makes errors in the affidavit?
Hey ****! In Texas, process servers are primarily responsible for ensuring the documents are served correctly and according to legal guidelines. They generally do not review the content for accuracy, but they should verify that they are serving the correct documents related to the case.
Would you like more information on what steps you can take if your process server makes errors in the affidavit?
What if they don't verify the documents and serve incomplete documents
Case Rating: *
Hey ****! If a process server doesn't verify the documents and serves incomplete documents, it can cause issues in your case. Here are some points to consider:
- You can request the process server to correct any mistakes and re-serve the documents.
- Document any errors and communications for potential disputes.
Would you like more information on how to handle or document these issues with your process server?
Hey ****! If a process server doesn't verify the documents and serves incomplete documents, it can cause issues in your case. Here are some points to consider:
- You can request the process server to correct any mistakes and re-serve the documents.
- Document any errors and communications for potential disputes.
Would you like more information on how to handle or document these issues with your process server?
Are process servers supposed to know if a citation is supposed to be served
Case Rating: *
Hey ****! In Texas, process servers should know if a citation is required to be served along with other documents. Their responsibility includes ensuring that the documents they serve are complete and correct according to the legal requirements.
Would you like more details on how to address this with your process server?
Hey ****! In Texas, process servers should know if a citation is required to be served along with other documents. Their responsibility includes ensuring that the documents they serve are complete and correct according to the legal requirements.
Would you like more details on how to address this with your process server?
Can a process server charge you again for completing a service if the citation was missing the on the first service
Case Rating: *
Hey ****! If the citation was missing in the first service due to the process server's oversight, it is generally considered their responsibility to correct the mistake. Charging an additional fee for their error can be considered unethical. You might want to discuss this with them directly or consult with a local legal advisor for a more thorough review.
Would you like more information on how to address this situation with your process server?
Hey ****! If the citation was missing in the first service due to the process server's oversight, it is generally considered their responsibility to correct the mistake. Charging an additional fee for their error can be considered unethical. You might want to discuss this with them directly or consult with a local legal advisor for a more thorough review.
Would you like more information on how to address this situation with your process server?
Even if I didn't send the citation?
Case Rating: *
Hey ****! If you didn't provide the citation to the process server initially, they might have a reason to charge for the additional service. It's important to clarify whose responsibility it was to include the citation.
Do you have any written communication or agreement that outlines what documents needed to be served?
Hey ****! If you didn't provide the citation to the process server initially, they might have a reason to charge for the additional service. It's important to clarify whose responsibility it was to include the citation.
Do you have any written communication or agreement that outlines what documents needed to be served?
No
Case Rating: *
Hey ****! It looks like there might have been a misunderstanding between you and the process server regarding the citation. If you didn't provide it, they might reasonably charge for serving it again.
Would you like more tips on how to handle the disagreement with your process server?
Hey ****! It looks like there might have been a misunderstanding between you and the process server regarding the citation. If you didn't provide it, they might reasonably charge for serving it again.
Would you like more tips on how to handle the disagreement with your process server?