Legal Question in Business Law in Texas

Re: Rules for Service of Process

Because your husband has been sued, it is not something to be taken lightly -- whether or not he is correct in his belief. To ignore it and permit a default judgment to be taken against him possibly may raise presumptions that the plaintiff was were correct in his assertions.

Also, some actions are actionable against both the company and the employee (such as against both the driver and the company in a vehicle wreck case; or an employee who makes fraudulent representations). Take the papers to a lawyer for review NOW, and don't leave it to asking questions on the internet for information to critical quesitons.

It is improper to serve one person with process by serving another (unless there is an order authorizing it) BUT who wants to have incur hundreds or thousands of dollars proving it after the fact?

In some limited instances an action is permitted for abuse of process. However, don't count on getting rich on it. For one thing the mess-up on service of the papers may have been the process server's (deputy sheriff?) and not the defendant's.

As to frivilous lawsuits, many if not most defendants, believe such cases to be frivilous. However, I have seen a lot of frivilous lawsuits which, to the dismay of the defendant, turned out to be far from frivolous.

P.S. There may other questions involved such as proper venue, etc.

Re: Rules for Service of Process

Whether service was good or not, you want to get the papers to a lawyer ASAP so that a default judgment isn't taken against your husband. It's very expensive fighting service after judgment is taken against you.