Preventing Execution of Civil Process

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Preventing the execution of civil process is a class C misdemeanor

Statute(s)

§ 38.16. PREVENTING EXECUTION OF CIVIL PROCESS.

(a) A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.
(b) It is an exception to the application of this section that the actor evaded service of process by avoiding detection.
(c) An offense under this section is a Class C misdemeanor.

Added by Acts 1995, 74th Leg., ch. 318, § 13, eff. Sept. 1, 1995.

Caselaw

Collateral Consequences

Might be construed as a Crime of Moral Turpitude if done by fraud or deceit.

Notes

In order for a lawsuit to get started, the defendant must be served with papers. Once this happens, he is on notice, and must appear for court. Trying to avoid the process server is a time honored tradition, and is still protected under this law. Other people preventing the process server from reaching the defendant to serve the papers is what this offense is all about.

Discuss this offense with The Law Office of Alison Grinter