Online Order Terms for service of process and investigations.

Who we are

Service of process, filing and related orders are fulfilled by Encore Legal Process, Inc. ("Encore," "we"), a Texas process-serving company. Investigation requests are fulfilled by Encore Legal Investigations, a division of Encore Legal Process, Inc. and a licensed Texas private investigations company (TX PI License #A29721001). Encore is not a law firm and does not give legal advice. Nothing on the order form, in a report or affidavit, or in our communications is legal advice.

Your order and your documents

You are responsible for the accuracy and completeness of the names, addresses, identifiers, case information and documents you provide, and for confirming that the documents are ready to be served (for example, that a citation has been issued). The form can read your uploaded papers automatically to fill in details; you must review every field before placing the order. We are not responsible for delays or unsuccessful service caused by incorrect or incomplete information.

Prices

• Prices follow Encore's current rate sheet and are shown before you place the order. Service of process is priced per person, per address.
• Each service includes up to 4 attempts in Texas (3–4 out of state) at varied days and times and a return signed and verified under Rule 107. Texas returns are e-filed at no charge.
• Each service and each certified mailing includes 30 printed pages. Pages beyond 30 are billed at $0.15 per page, per copy.
• Fees charged by others, such as Secretary of State, court, witness, custodian or copy fees, are passed through at cost. Fees we advance for you, such as the $55 Texas Secretary of State fee and subpoena witness fees ($11.00 per witness for a Texas subpoena), carry a fee advance fee of 5% of the amount advanced, minimum $2.50, whatever the payment method. Witness fees for witnesses we are unable to serve are refunded; the fee advance fee is not. Applicable Texas sales tax is added to taxable services.
• Rush, same-day, courthouse and stakeout services are priced as shown on the form. Same-day service for new clients, out-of-area add-ons and special requests are quoted.
• Investigations: the basic skip trace is priced per subject as shown on the form. Every other investigative service is scoped and quoted by an investigator after review, and work begins only when you approve the quote. Investigative services are taxable security services under Texas Tax Code §151.0101(a)(7) and Occupations Code chapter 1702; Texas sales tax (currently 8.25%) is added to every investigation quote and invoice unless your firm provides a valid exemption or resale certificate.

Payment

Card orders are charged when you place the order, through our payment processor, Stripe. Encore does not store your card number. Orders billed to an existing client account are invoiced under the Firm Account Terms and charged to the firm's card on file on the schedule the firm selected; we may confirm your account before dispatching the order.

Investigations: a retainer and/or prepayment may be required before work begins. Quoted work starts when you approve the quote and the retainer or payment is received; retainers are applied to the work performed, and any unused portion is refunded or credited when the matter closes. Orders submitted for review are not charged until we confirm the price and you approve it.

Turnaround and urgent papers

Service levels describe when the first attempt is made, not when service is completed. Turnaround, same-day and after-hours service depend on availability, location and scope. Orders that include a temporary restraining order, temporary injunction, protective order or precept are flagged for priority handling, but we cannot guarantee service before a hearing or deadline. See What to expect on every order for current service levels. Investigation timelines given in a quote are estimates; they depend on the subject, the records available and third-party response times, and a deadline you give us is a priority, not a guarantee.

No guarantee of service or results

Service of process. Successful service is not guaranteed. The service fee covers the attempts made under your order, whether or not service is completed. If service cannot be completed after the included attempts, we provide a sworn statement of the attempts made, which may support a motion for substituted service.

Investigations. Investigation results are not guaranteed. Fees cover the investigative work performed, whether or not a subject is located, an address is verified, an asset or record is found, a witness cooperates, or a court grants the relief sought. Reports and affidavits state the facts our investigators found; we do not shape findings to a desired outcome, and a court, not Encore, decides whether to authorize alternative service or grant a motion.

Investigations

• Permissible purpose. Data searches (skip traces, locates, asset, background and records searches) draw on regulated data and must have a permissible purpose under the Gramm-Leach-Bliley Act (15 U.S.C. §6802) and the Driver's Privacy Protection Act (18 U.S.C. §2721). By requesting a search you certify that the purpose you state is true and that the results will be used only for that matter. Encore verifies the purpose before work begins and may ask for the cause number and court, the petition or a description of the claim, and the subject's role in the matter. Encore may decline or stop any request it cannot verify or that lacks a permissible purpose, without liability and without charge. Results are not consumer reports and may not be used for employment, credit, insurance or housing decisions under the Fair Credit Reporting Act. See Permissible purpose for data searches.
• Scope. Work is limited to the scope confirmed in the quote. Additional work, deeper searches, extra subjects, surveillance hours or travel beyond the quote are billed at the rates quoted or, if none, at Encore's current rates, with your approval.
• Results. Results are delivered to the requesting attorney or firm and are confidential to your matter. Skip-trace results are the most likely current information from the sources searched and should be verified before you rely on them for service or filing.
• Affidavits and motion support. Affidavits are sworn to the facts found by a licensed investigator. Motion and proposed-order drafts, where offered, are prepared at counsel's direction for counsel's review, revision and signature; counsel is responsible for the filing.
• Surveillance and field work. Surveillance is subject to availability, weather, access and safety; billed hours include time on site and documented travel as quoted. Encore will not trespass, pretext unlawfully, or take any action that would violate the law or the Texas Private Security Act.

Cancellations and refunds

You may cancel an order before it is dispatched to a process server by emailing support@encorelegalprocess.com with your order reference. Printing and preparation fees may still apply to a cancelled order. Once an order has been dispatched to a server, it can no longer be cancelled for a refund. Investigation requests may be cancelled before work begins; after that, you are billed for the work performed and costs incurred to the point of cancellation, and the unused portion of any retainer is refunded. Approved refunds are issued to the original payment method.

Your files and information

Uploaded documents are used only to fulfill your order or request. Files uploaded through the form are deleted from our website after 30 days; job records and returns are kept in our case-management system. Uploaded papers may be processed by our technology providers, including an AI service that reads the documents to fill in the form, solely to provide the service.

Limitation of liability

To the extent permitted by law, Encore's liability for any claim arising from an order or investigation request is limited to the amount paid for that order or request. Encore is not liable for indirect or consequential damages, including missed deadlines resulting from information provided to us or circumstances outside our control.

General

These terms are governed by the laws of the State of Texas. Encore may update these terms; the version in effect when you place an order or request applies to it. Firm accounts are also governed by the Firm Account Terms. Questions: support@encorelegalprocess.com.