Could you be sued — and not even know it until it’s too late to defend yourself?

Some Denton County defendants say that’s exactly what happened to them. Now, several local judges tell NBC 5 Investigates they are increasingly concerned that certain process servers may be filing false affidavits claiming they delivered lawsuit papers to the defendant, when they did not.

Brenda Gloor said she never received notice that she had been sued by a credit card company over an alleged unpaid debt. She only learned about the case after a default judgment had already been entered against her, damaging her credit.

“Correct. They took that away from me,” Gloor said, referring to her right to due process.

Brenda Gloor

Edward Ayala, NBC 5 InvestigatesEdward Ayala, NBC 5 Investigates

Brenda Gloor

Gloor said she was stunned to discover that a process server had signed an affidavit stating he delivered the lawsuit documents to her at her son’s home in Denton County on Feb. 13, 2025, and that the server said her identity was confirmed when she answered “yes” to her name.

Gloor said that was impossible. She said she was in Los Fresnos, near Harlingen in South Texas, preparing for a rodeo weekend with her grandchildren and visiting friends. Those same friends later signed affidavits confirming she was there.

“They wrote me a nice affidavit that stated that I was in the Valley during this whole process thing,” Gloor said.

She said she did not learn about the lawsuit until her son texted her a photo of a court letter notifying her of the default judgment.

Brenda Gloor

Brenda GloorBrenda Gloor

Brenda Gloor, at a rodeo in South Texas.

“I lost my husband 10 years ago, and so I’ve tried to build my credit up … and now that’s gone. My credit’s gone. I don’t even know how to get it back,” Gloor said.

The case stemmed from a payment dispute related to a home improvement project financed with a store credit card. A judge has since dismissed the case against Gloor, allowing her to begin repairing her credit.

“It can happen to you. It can happen to anybody. And you won’t even know about it,” Gloor said.

Judges raise concerns

Justice of the Peace James DePiazza said Denton County JP courts are seeing a growing number of cases in which defendants present credible evidence that they were never served.

“We get more and more people that were saying, ‘I never got the service,'” DePiazza said.

Justice of the Peace James DePiazza in his Denton County courtroom.

Edward Ayala, NBC 5 InvestigatesEdward Ayala, NBC 5 Investigates

Justice of the Peace James DePiazza in his Denton County courtroom.

In some cases, DePiazza said, defendants have presented home security video showing that papers were not delivered, or were not delivered directly to the defendant as required by law.

“I was like, ‘How do you trust the process anymore? What can we do?'” DePiazza said.

In response, Denton County’s justices of the peace began keeping a list of who they call “untrustworthy process servers.” Through an open records request, NBC 5 Investigates obtained a recent copy of the list, which judges said now includes about two dozen names. Judges said they will no longer accept service from those individuals.

Justice of the Peace James Kerbow.

Edward Ayala, NBC 5 InvestigatesEdward Ayala, NBC 5 Investigates

Justice of the Peace James Kerbow.

“I’ve got to be able to trust that this person is out there doing what they’re sworn to do, what they are licensed to do and to uphold that same standard,” said Judge James Kerbow.

Kerbow recently dismissed several cases involving one process server on the list, including a lawsuit against Marva Marshall.

“I was like, ‘OK. Well, I never got served by a process server, so what is this?'” Marshall said.

Marva Marshall

Edward Ayala, NBC 5 InvestigatesEdward Ayala, NBC 5 Investigates

Marva Marshall told NBC 5 Investigates she was never served by a process server. A judge later dismissed her case.

In some instances, judges have subpoenaed process servers to appear in court and answer questions. Cameras are not allowed in Denton County Justice of the Peace courts, but our investigative producer Eva Parks was there to listen as the process server in Gloor’s case appeared by phone and told the judge he was not sure who he handed the papers to and said he was “not fully educated” on the rules.

“The man goes on to explain that he doesn’t actually remember serving this person. And so the judge actually told him he is going to file a complaint with the state,” Parks said.

NBC 5 Investigates reached out to that process server but did not receive a response.

Industry response and oversight

Judges said most of the process servers on their list were serving papers through ABC Legal, a company that says it has the largest network of process servers in the United States. The servers are independent licensed contractors, not ABC Legal employees. The company operates as a platform connecting servers to jobs — much like a ride-sharing app connects drivers with riders.

In a statement, ABC Legal said it “is aware” of concerns raised by DFW-area judges and said it removed many of the process servers involved from its platform. The company said that “in nearly every case, ABC Legal had already discontinued their access based on internal risk assessments, often weeks or months prior to any notification from the courts.”

“We remain committed to strengthening trust in the service of the process system,” the company said.

Edward Ayala, NBC 5 InvestigatesEdward Ayala, NBC 5 Investigates

However, removal from the platform does not prevent a licensed process server from continuing to work in Texas.

Joan Owen with the Texas Process Servers Association said the state needs stronger enforcement and more training. To become a process server in Texas, a person must complete a seven-hour class.

“They need to have their certification taken away,” Owen said.

Owen said some may treat the job like gig economy work, where pay depends on volume and not necessarily quality.

“The more you serve in a day, the more money you make that day. But if you’re not really serving, you’re not serving,” Owen said.

Joan Owen, with the Texas Process Servers Association.

Edward Ayala, NBC 5 InvestigatesEdward Ayala, NBC 5 Investigates

Joan Owen, with the Texas Process Servers Association.

“You lie on an affidavit, you’ve committed perjury,” Owen said.

DePiazza said criminal prosecution could send a strong message if process servers are found to have lied in sworn affidavits. He said he has been in contact with Denton County prosecutors and hopes the state commission that licenses process servers will take a closer look.

“Come talk to me. That’s what I would say,” DePiazza said. “Come talk to me.”

Complaints on the rise

Formal complaints against Texas process servers are on the rise. The Texas Judicial Branch Certification Commission (JBCC), which licenses servers, said it investigated 38 complaints five years ago. In 2025, it investigated 102 complaints. The commission falls under the supervision of the Texas Supreme Court.

At a recent meeting, a JBCC commission member said the problems with process servers may be underreported.

Justice of the Peace James DePiazza, left, talks in his Denton County courtroom with NBC 5 Investigates Senior Investigative Reporter Scott Friedman, right.

Edward Ayala, NBC 5 InvestigatesEdward Ayala, NBC 5 Investigates

Justice of the Peace James DePiazza, left, talks in his Denton County courtroom with NBC 5 Investigates Senior Investigative Reporter Scott Friedman, right.

Some judges told NBC 5 they do not always file complaints with the commission because the process is time-consuming and investigations are sometimes not completed swiftly. The commission’s director told NBC 5 Investigates that the agency has only two investigators and that cases take about a year on average to complete. The director said plans are being developed to reduce the number of complaints.

NBC 5 Investigates is not naming the process servers on the Denton County list because there has been no formal determination of guilt. Judges said they believe evidence strongly suggests some affidavits were untruthful.

If you believe you have experienced a similar situation, you can contact NBC 5 Investigates at investigate@nbcdfw.com.