These terms and conditions outline the rules and regulations for the use of Litigation Supporters’ Website and any services provided by Litigation Supporters.
By accessing this website or accepting any work from Litigation Supporters, you accept and agree to these terms and conditions in full. Do not continue to use Litigation Supporters’ website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
This page outlines the entire agreement between users and Litigation Supporters and any verbal agreements are hereby null and void.
We employ the use of cookies. By using Litigation Supporters’ website you consent to the use of cookies in accordance with Litigation Supporters’ privacy policy.
Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
Unless otherwise stated, Litigation Supporters and/or it’s licensors own the intellectual property rights for all material on Litigation Supporters. All intellectual property rights are reserved. You may view and/or print pages from https://litigationsupporters.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Redistribute content from Litigation Supporters (unless content is specifically made for redistribution).
The following organizations may link to our Web site without prior written approval:
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to admin@litigationsupporters.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
No use of Litigation Supporters’ logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Litigation Supporters reserves all rights, expressed and implied, under the laws of the State of Texas and the United States of America. This includes, but is not limited to, the right to:
No waiver of any provision of this policy will be effective unless in writing and signed by an authorized representative of Litigation Supporters.
If any provision of this policy is held to be invalid or unenforceable, such provision will be struck from this policy and the remaining provisions will remain in full force and effect.
This policy is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.
If you have any questions about this policy, please contact us.
If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links, but we have no obligation to do so or to respond directly to you.
While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy. We also do not commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the fullest extent permitted by law, we exclude all liability for any loss or damage arising out of or in connection with the use of this website, including, without limitation, any liability for:
This disclaimer does not apply to liability for death or personal injury caused by our negligence or for any other liability that cannot be excluded or limited under applicable law.
This disclaimer is governed by the laws of the State of Texas, without regard to its conflict of laws provisions.
If you have any questions about this disclaimer, please contact us.
We shall have no responsibility or liability for any content appearing on your website. This includes, but is not limited to, any content that is libelous, obscene, criminal, or that infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
You agree to indemnify and defend us against all claims arising out of or based upon your website. This includes, but is not limited to, any claims for damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or based upon any claim that your website contains any content that is libelous, obscene, criminal, or that infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, criminal, or that infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. This includes, but is not limited to, content that violates the Digital Millennium Copyright Act (DMCA).
This content liability provision is governed by the laws of the State of Texas, without regard to its conflict of laws provisions. If any provision of this content liability provision is held to be invalid or unenforceable, such provision shall be struck from this content liability provision and the remaining provisions shall remain in full force and effect.
If you have any questions about this content liability provision, please contact us.
The information and services on this website are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, about the accuracy, completeness, or suitability for any purpose of the information or services on this website.
To the fullest extent permitted by law, we exclude all liability for any loss or damage arising out of or in connection with the use of this website, including, without limitation, any liability for:
This disclaimer does not apply to liability for death or personal injury caused by our negligence or for any other liability that cannot be excluded or limited under applicable law.
If you are a business user, you agree that the limitations of liability set out in this section are reasonable.
If you use the website for free, we will not be liable for any loss or damage of any nature.
We may revise this disclaimer from time to time. The most recent version of the disclaimer will be posted on this website.
This disclaimer is governed by the laws of the State of Texas, without regard to its conflict of laws provisions.
Cancellation Policy
All sales are final. No refunds will be issued for cancellations after work has been performed. If you are billed for work, the invoice will still be due. There are no guarantees expressed or implied. Dissatisfaction is not a reason for requesting a refund and we retain the right to remedy any complaint or issue.
The following exceptions may apply to the no-refund policy:
Refunds will be in the form of a credit on the customer’s account unless another method is agreed upon by both the customer and Litigation Supporters in writing.
*NOTE: Beginning August 1, 2023, we will stop accepting paper checks. You can still use a checking account to make payment, but you must agree to use ACH (electronic) processing of the check which is available using the link in the electronic invoice sent for each job. You may also opt to pay using a debit/credit card.
We will also begin charging a deposit equal to the cost of the service requested for each job at the time the job is submitted. This can be paid through our portal which is used to send requests for service.
You may continue to submit service requests via email. If you choose this method, an invoice will be generated and emailed using the email address that the request was sent from. Invoices are due upon receipt before any work is performed.
Charges for each job will be deducted from the deposit and a statement will be issued at the end of the month for any overages.
If you have any questions about these changes, please do not hesitate to contact us.
For more information on our Terms of Service, please visit https://litigationsupporters.com/terms-of-service/
We are glad you are a part of the Litigation Supporters team!
Payment is due upon receipt of the invoice. Invoices are sent the same day services are requested. You agree to pay the invoice upon receipt.
Any payment made to Litigation Supporters that is returned unpaid or insufficient funds will incur a $50 Returned Payment fee that will be due immediately.
This fee is non-waiverable.
Any credit card, debit card, PayPal, or ACH transfer that is disputed by the client will incur a $50 Returned Payment fee and a $150 Chargeback Processing fee that will be due immediately.
These fees are non-waiverable.
Example:
There are no exceptions to the late fee.
You agree to perform all work in a timely manner, within the common deadlines associated with each job, and in compliance with the Terms of Service outlined on this page. You agree to follow all laws in the performance of any work assigned to you. You agree to seek and hold any applicable licenses including, but not limited to a driver’s license, any certification, registration, or license issued by a regulatory agency or state agency that you are required to have to perform all of your duties legally.
Interference with the duties of any contractor’s duties in any way will not be tolerated. Any occurrence by a client or contractor is grounds for cancellation and no refund will be issued. If the interference is made by a contractor, payment will be forfeited. Any client found to be or attempting to micromanage any job will not be tolerated. Clients must allow work to be performed in accordance with established laws and these policies. Litigation Supporters retains the right to dictate, within the law, how a contractor performs their duties. Management of contractors remains the sole responsibility of Litigation Supporters.
Contractors and clients agree to use ServeManager.com to communicate with Litigation Supporters, make requests, send documents, make all attempts, and provide all affidavits required by Litigation Supporters. You understand that ServeManager.com is a secure and reliable platform that will allow all parties to track job progress and ensure that all attempts and affidavits are completed in a timely manner. All attempts must be entered into the servemanager.com platform to count as “work” by the contractor. We reserve the right to cancel any job without pay if no attempts have been made accordingly.
In the case where a client or contractor persists in not using servemanager.com the following fees will apply:
Status via phone or email: $50 / job
Enter attempts manually: $50 / job
Send any document via email: $50 / request
There will be no exception to the above fees. Please note, access to servemanager.com is free and the above fees can be avoided by accessing the information yourself.
You agree to prepare all affidavits and/or declarations in accordance with the requirements of all laws including the Texas Rules of Civil Procedure and the JBCC Code of Ethics. You understand that affidavits and declarations must be prepared by the process server or the affiant and that the server cannot allow another person to prepare an affidavit, declaration, or any other legal document on their behalf unless it is their representing attorney. The content of the affidavit must be that of the server alone and cannot be interfered with by any other person. No third-party affidavits or declarations will be accepted or used by any process server performing work for Litigation Supporters. No affidavit or declaration will be prepared that includes a client’s company information or implies that the server works for the client’s company. Any state mandated forms will be used and must be filled out by the process server. No pre-filled forms will be accepted or used. There are no exceptions to the rules in this section.
You agree to be bound by any changes to the terms of service and/or use of ServeManager.com. You understand that Litigation Supporters may modify the terms of service at any time and that your continued use of ServeManager.com will constitute your acceptance of any changes to the terms of service. Litigation Supporters may opt to use a different job tracking system at its discretion and without any notice. If this occurs, you agree to be bound by that software’s terms of service and/or use.
This agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.
Client and contractor agree not to charge Litigation Supporters for any work that has not been approved in writing. If you fail to get written approval before any work is performed for additional fees, you agree to forfeit those fees. You agree to perform the duties assigned to you and no other unless you have written instructions to do so. You agree not to charge Litigation Supporters for any payment processing fees.
Litigation Supporters will pay the independent contractor for the services at the agreed-upon rate. The independent contractor will be paid in arrears, within 30 days of the date of the invoice.
If Contractor fails to perform its obligations under this Agreement, as evidenced by Contractor’s failure to complete the Services within the agreed-upon timeframe or in accordance with the agreed-upon quality standards, unless such failure is due to causes beyond Contractor’s reasonable control (including, but not limited to, acts of God, acts of war, strikes, or other labor disputes, or acts of public authority), Contractor shall be in breach of this Agreement. In the event of such a breach, Client may, at its sole option:
Payment Method
All contractors and clients must agree to be paid by the method chosen by Litigation Supporters.
All contractors must provide a W-9 form to Litigation Supporters before they will be paid. This form is used to verify the contractor’s tax information.
If a client or contractor does not make a payment on time, they may be subject to late fees. The amount of the late fee will be determined by Litigation Supporters.
If a contractor does not have a W-9 on file, they will not be paid. Litigation Supporters reserves the right to terminate any contract with a contractor who does not comply with this policy.
The independent contractor must submit an invoice to Litigation Supporters for each completed project. The invoice must include the following information. We do not accept invoices produced by third parties. If the invoice is in another person’s name or company’s name, it will be rejected. Only the company or person Litigation Supporters has contracted with may submit an invoice.
In addition, invoices must be accompanied by a link where payment can be made using a credit card or debit card online through a secure portal. You must agree not to charge any late fees on any invoice provided to Litigation Supporters in order to do business with us. Invoices are paid in the order they are received and sometimes may be paid on a 30-day net.
We do not issue checks, money orders, or cashier’s checks, or use any quick pay apps for payment on invoices. Any request for any of these methods will be denied. Do not ask for an exception. None will be made.
The independent contractor agrees to hold in strict confidence all confidential information of Litigation Supporters that the independent contractor may learn about or have access to during the course of providing services to Litigation Supporters. This includes, but is not limited to, information about Litigation Supporters’ business, customers, products, services, technology, and financial information. The independent contractor agrees not to disclose any confidential information to any third party, without the prior written consent of Litigation Supporters.
The independent contractor’s obligations under this section shall survive the termination of this agreement.
You acknowledge that Litigation Supporters is a legal services company and processes requests for work. Litigation Supporters may use sub-contractors to perform the work requested. Work received by Litigation Supporters will be performed using the same rules as above.
Any request to alter the natural selection of the time any attempt is made will be denied. Process servers must choose when they go to make their attempts in order to maintain an unbiased and independent status required by JBCC and the Texas Rules of Civil Procedure.
Attempts will not be made on Sundays for cases originating from Texas. Sunday attempts will only be made if allowed by law.
If you have a court that has local rules, those local rules must be approved by the Texas Supreme Court in order for them to be complied with. If you have this approval, please provide it and it will be followed. Otherwise, the local rules are contrary to the law and will not be followed.
| Service | Role | Duties | Reference |
|---|---|---|---|
Representation | Attorney |
In addition to these duties, attorneys may also be responsible for other tasks, such as managing client files, billing clients, and attending continuing legal education courses. |
|
Case Research and Document Preparation | Paralegal |
In addition to these duties, paralegals may also be responsible for other tasks, such as preparing trial exhibits, conducting interviews, and summarizing deposition transcripts. |
|
Investigations | Private Investigator |
In addition to these duties, private investigators may also be required to follow other specific regulations, depending on the type of investigation they are conducting. For example, private investigators who are conducting background checks on potential employees may be required to follow the Fair Credit Reporting Act (FCRA). Private investigators who violate the law or the rules and regulations governing private investigators in Texas may be subject to disciplinary action by the Texas Department of Public Safety. This disciplinary action may include suspension or revocation of their license. |
|
Service of Process | Process Server |
In addition to these duties, process servers may also be required to follow other specific regulations, depending on the type of legal document they are serving. For example, process servers who are serving subpoenas may be required to follow the rules of civil procedure. Process servers who violate the law or the rules and regulations governing process servers in Texas may be subject to disciplinary action by the JBCC. This disciplinary action may include suspension or revocation of their certification. |
|
Document Retrieval and Document Delivery | Courier |
In addition to these legal duties, document couriers may also have other responsibilities, such as:
Document couriers who fulfill their legal duties and responsibilities in a professional manner can help to ensure the safe and secure delivery of documents, which can be essential for businesses and individuals alike.
|
|
Affidavits must be the product of the server or the affiant. Returns must be filed promptly by the Process Server with the assigned proper clerk of the court and must contain the information as outlined in TRCP 107. A case must be assigned to a court before a valid Return can be produced and filed.
According to the JBCC, the client has no say on the production of the Return of Service or when the Return of Service is filed with the proper clerk of the court. This is solely the responsibility of the server and cannot be interfered with. The Process Server must draft their own Return of Service and if the Process Server seeks an attorney to do this for them, they may do so as long as the Process Server is the one signing the Return.
Document preparation for another person is in violation of Government Code Subchapter G UNAUTHORIZED PRACTICE OF LAW, Sec 81.102 and the JBCC Code of Ethics.
Click on this link to access the –> JBCC Curriculum for your reference.
The Texas Rules of Civil Procedure (TRCP) require that affidavits and Returns of Service be filed promptly with the clerk of the court. TRCP 107 states that “the return and any document to which it is attached must be filed with the clerk of the court within ten days after the service is made.”
The JBCC Code of Ethics also prohibits process servers from allowing others to prepare their Returns of Service. The Code of Ethics states that “a process server shall not allow another person to prepare a Return of Service on their behalf.”
Page 3, Paragraph a. clearly states one of the duties of the Process Server is for the Process Server to complete the Return.
Page 11, First Paragraph, clearly states the Process Server fills out the Return.
Page 15, First Paragraph, clearly states again that the Process Server must file the return with the court.
Page 16, First Paragraph, clearly states again that the Return must be promptly filed with the court.
Page 16, Last Paragraph, clearly states that Rule 107 applies to “…other documents..” the Process Server may be requested to serve.
Page 16, Second Paragraph, states that the only form permitted to be filled in by the Process Server, is the form that is printed on the Citation. Otherwise it must be drafted and typed.
Page 16, Third Paragraph, states that the Process Server completes the Return.
Page 17, First Paragraph, states again that it is the “officer or authorized person” who makes the attempts should complete the Return.
Page 17, First Paragraph. more precisely and literally states that it is the duty of the Process Server to draft the Return, not the duty of the “…process server company or anyone else…”
Page 17. First Paragraph, the Process Server “…may not rely on the attorney to file the Return…”
Page 17, Fifth Paragraph, even on unsuccessful attempts a Return must be promptly filed.
Page 18, First Paragraph, any request to delay the filing of the return is unlawful.
Page 18, First Paragraph, the Return does not belong to the party who paid the Process Server.
Affidavits must be the product of the process server or the affiant. The client has no say on the production of the Return of Service or when it is filed with the clerk of the court. This is solely the responsibility of the process server and cannot be interfered with.
In the case of process originating from other states or countries, the process server must comply with the laws of the jurisdiction in which the service is being performed. This includes the requirement that affidavits be prepared by the process server or the affiant.
If a third-party affidavit is submitted, the process server must be able to demonstrate that the affidavit was prepared in compliance with the laws of the jurisdiction in which the service was performed. If the process server cannot demonstrate compliance, the affidavit will not be accepted.
The Federal Rules of Civil Procedure (FRCP) also require that affidavits and Returns of Service be filed promptly with the clerk of the court. FRCP 4(l) states that “the server shall file a return with the court promptly after service.”
The Federal Rules of Evidence (FRE) also prohibit the use of affidavits that have been prepared by a third-party. FRE 602 states that “an affidavit is not admissible unless the affiant is available for cross-examination.”
It is important for process servers to comply with both Texas law, the JBCC Code of Ethics, the FRCP, and the FRE when preparing affidavits and Returns of Service. By doing so, process servers can help to ensure that their work is legally sound and ethical.
Since the pandemic, courts have phased out the need to have affidavits, returns, and proof of services notarized reducing the risk of contact with others. We have also transitioned away from this practice and provide a streamlined process for getting these items signed, filed, and returned to the client and court. By using Litigation Supporters you agree to this process.
Exceptions to this policy may be made upon receipt of a court order requesting that a return be notarized. In that case the following fees will apply:
$10 for the first document, $1 for each additional signature on the same document.
$10 for each additional document, $1 for each additional signature on the additional document.
Travel fee $65.