Become a Legal Process Server in Texas

A process server delivers legal documents to a person or business involved in a court case. Before you can handle and deliver these documents in Texas, you must either be certified by the Texas Supreme Court or be specifically approved by the court where the case is being heard. The Judicial Branch Certification Commission (JBCC) processes certification applications on behalf of the Texas Supreme Court. Once certified, you can deliver legal documents related to any case in any Texas state court. On the other hand, if you want to serve court documents for federal court cases, no certification is necessary. You only need to be 18 or older and not a party to the case.

Steps

Getting Certified as a State Process Server

1. Complete a civil process server training course. Civil process server training courses provide at least 7 hours of instruction and must be approved by the JBCC. Courses provide instruction on applicable laws and regulation, practical service and return of service, and exposure to criminal liability.
   • Expect to pay between $75 and $150 for the course, as of 2019. To check out approved courses and register for one, visit http://www.txcourts.gov/jbcc/process-server-certification/orientation-education-providers.aspx#ProcessServCourses.
   • For most courses, you'll need to attend a class in person. As of 2019, there are 3 approved course providers that offer online courses or webinars: The Process Servers Network (http://www.processserversnetwork.com/certification.html), The Texas Process Servers Academy (http://www.Texas-PSA.com) and The Learning Shop USA (https://www.learningshopusa.com/).Template:Greenbox:'''Tip:''' You have 1 year from the date you complete your training course to submit your application. Otherwise, you'll have to take another course.
2. Fill out the certification application on the JBCC website. Go to http://www.txcourts.gov/jbcc/process-server-certification/ to access the JBCC online certification, registration, and licensing system. Read through the available guide to using the online system carefully before starting your application.
   • To complete the application, you'll need to provide basic personal information, contact information, and information about the certification course you completed.
   • As of 2019, the application fee is $200 and may be paid online using a major credit card. Your application will not be processed until the fee is received.
   • Once your application is complete and your fee is received, you'll be redirected to a confirmation page. Copy down your confirmation number or print the page for your records.
3. Get digital fingerprints for your criminal history background check. When your application is received, the JBCC will send you a form to use to schedule your fingerprinting appointment with the approved vendor listed on the form. The JBCC uses your fingerprints to pull criminal reports from the FBI and any state where you've lived.
   • You will need to pay a fee to the vendor when your fingerprints are taken. The amount of the fee will be listed on your form.
   • The JBCC won't approve your application if there is any information in your criminal history indicating that you lack honesty, trustworthiness, or integrity.Template:Greenbox:'''Tip:''' If your application to become a legal process server is denied, you can still serve process for federal courts. Federal law does not require a criminal background check to be a process server.
4. Wait to receive your certification card. Typically, the JBCC will process your application within 30 days. If approved, you will receive a blue certification card in the mail and be included on the list of certified legal process servers.
   • Log into the online registration system at any time if you want to check the status of your application.
   • Even if your certification is denied, you can still serve legal documents from federal court. There are no certification requirements to be a process server in federal court. You need only be over the age of 18 and not a party in the case for which you're serving documents.

Working as a Process Server

1. Find an employer if you don't want to start your own business. There are many large legal support services firms that hire process servers. Typically, process servers are independent contractors rather than regular employees.
   • Your certification course may include information about networking and local job opportunities.
2. Build your own business if you want to work for yourself. Many process servers start their own agency rather than (or in addition to) contracting with legal support firms. Small local law firms, in particular, may be more interested in working with a local process server than a large national service.
   • You may be eligible for state and local incentives if you start a small business, including low-interest loans and tax breaks.
   • If you are a woman or member of an ethnic or racial minority, you may also qualify as a Historically Underutilized Business (HUB), which provides additional opportunities for state government contracts.
   • Keep in mind that if you are certified to serve legal documents from state courts, you can also serve documents from federal courts. There are no certification requirements to be a federal process server.{{greenbox:Tip: If you've started your own business, consider becoming a registered notary. This will provide your business with another stream of income.}}
3. Set fees for your services. Generally, your prices should be based on the average fees charged for process serving in your area. In metropolitan areas, this typically amounts to $45 to $65 per service. In addition, you'll also typically pass on mileage costs.
   • Your prices may go up if you have to travel a long distance to serve the person, if your client places a rush order, or if Trace and Collect Debt is required.
   • You may also charge a per-hour "sitting" or waiting fee of $20 to $50 an hour if you have to stake out the person you're trying to serve.
4. Join a professional association. Professional associations relevant to process servers can help with networking and employment, as well as continuing education and professional practices. In Texas, legal process servers can join groups including:
   • Civil Process Servers Association of Texas
   • Texas Association of Professional Process Servers (http://txapps.clubexpress.com/)

Renewing Your Certification

1. Fulfill the state continuing education requirements. As of 2019, all certified process servers must complete at least 8 hours of continuing education before renewing their certifications. A list of approved continuing education courses is available on the online certification and licensing system where you submitted your initial application.
   • If you take a continuing education course that is not listed as a course pre-approved by the JBCC, you can apply to have it approved. You will need to provide a course outline, description of the course content, and a brief bio of each speaker.Template:Greenbox:'''Tip:''' While there are a few online continuing education courses, most are live seminars that require your physical presence. Plan your courses well in advance so you have time to get your hours in before your certification is up for renewal.
2. Submit your renewal application at least 30 days before your certification expires. Your certification expires the day after the day your application was approved and you were initially certified. Renew your certification using the same online system where you initially applied to become a certified process server. The renewal application requires much of the same information as the initial application.
   • If you've started your own business or are working for a national legal support services firm, be sure to put your business address on your application rather than your home address (if they're different).
3. Pay the fee to renew your certification. You can pay your certification renewal fees online when you submit your renewal application. As of 2019, the renewal fee is $200 if you submit your renewal application before your old certification expires. You can pay using any major credit or debit card.
   • If you wait until after your certification has expired, the renewal fee goes up to $300 if your certification has been expired for 90 days or less. If it's been expired for 91 days or longer, the fee is $400.
4. Wait for the results of your new criminal background check. When you renew your certification, the JBCC will order a new state and federal criminal background check. You do not need to have your fingerprints taken again.
   • Your new criminal background check results will not be sent until your application and fees are received by the JBCC.

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References

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