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  1. #1
    sbaldwin is offline Member
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    How do you find out if/when someone is served?

    What is the name of your state? TX
    Just wondering! When we went and filed our papers yesterday, we paid there to have the other party served, but now don't know how we find out when it happens.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: How do you find out if/when someone is served?

    Originally posted by sbaldwin
    What is the name of your state? TX
    Just wondering! When we went and filed our papers yesterday, we paid there to have the other party served, but now don't know how we find out when it happens.

    My response:

    Just answering! You'll know when the person who's doing the "Service of Process" delivers the completed and signed "Proof of Service" to you. Make sure it's filed with the court - - otherwise, it's useless.

    IAAL
  3. #3
    hexeliebe Guest
    Don't bug the court clerk every hour. That's the first tip.

    Otherwise, check with the same clerk where you filed. They will have a file on the case and a proof of service affidavit if and when she is actually served the summons.
  4. #4
    hexeliebe Guest
    We must be twin brothers of different mothers

    Once again I step on Big Kahuna's toes
  5. #5
    Boxcarbill Guest

    Re: How do you find out if/when someone is served?

    Originally posted by sbaldwin
    What is the name of your state? TX
    Just wondering! When we went and filed our papers yesterday, we paid there to have the other party served, but now don't know how we find out when it happens.
    If you paid for service of process at the time of filing, then service of process is going to be done by the sheriff's department. Otherwise, you would have paid the clerk for the fee for preparing the citation and then they would have notified you or the private process server that you chose when the citation was ready to be picked up from the clerk's office. You would pay the private process server for serving the respondent. Therefore, it is the sheriff's department who can tell you when she is served. If the sheriff's department in your county are like all the sheriff's departments in Texas which I have dealt with, they move slower than a sloth. When they finally do make an attempt and find no one home, it is days before they will make the second attempt.
    Last edited by Boxcarbill; 07-17-2003 at 10:57 PM.
  6. #6
    mrseld Guest
    I have used the sheriff's department only once because of the reasoning BoxCarBill just gave you. It'll take forever.

    I am a firm believer in using a private process server and actually had to get one to serve my ex with a summons to court for a petition to get him to pay child support b/cause the sheriff's dept. said they couldn't get him. The private process server got him the FIRST TIME. I have used private process servers twice since then.

    Sure, it cost me between $30 and $50 for each one of them, but it was well worth it. You get what you pay for and sheriff's dept. is free. In a case as important as making sure someone gets served to be in court, I wouldn't dare leave it to someone who's doing it for free. They don't care if they catch the person or not.
  7. #7
    Boxcarbill Guest
    Originally posted by mrseld

    Sure, it cost me between $30 and $50 for each one of them, but it was well worth it. You get what you pay for and sheriff's dept. is free. In a case as important as making sure someone gets served to be in court, I wouldn't dare leave it to someone who's doing it for free. They don't care if they catch the person or not.
    Not in Texas. The sheriff's fee for service of process is right there as a line item fee along with all the other charges which make up the grand total for filing charges or court cost. And the charge for private process server is right in line with the sheriff's fees.
  8. #8
    Whyte Noise is offline Senior Member
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    In Georgia, there's a $25 fee for the sheriff to serve the papers, and you pay it at the time you file your motion. Motion filing fee + sheriff's service fee = total cost of filing the motion.

    Maybe in some states the sheriff does it for free...?
  9. #9
    sbaldwin is offline Member
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    My receipt says:

    Notice, Show Cause Order W/ SVC $58
    Motion to Enforce Decree or Order, Family $15

    Is this ANY help to know who will be doing the serving? I'm crazy for not finding out when I paid... The more I think about it, I'm pretty sure they told me it would be the Sheriff's Department. What happens if they don't get her served before the 10 day deadline? Can we go request a new date?
  10. #10
    Boxcarbill Guest
    Originally posted by sbaldwin
    My receipt says:

    Notice, Show Cause Order W/ SVC $58
    Motion to Enforce Decree or Order, Family $15

    Is this ANY help to know who will be doing the serving? I'm crazy for not finding out when I paid... The more I think about it, I'm pretty sure they told me it would be the Sheriff's Department. What happens if they don't get her served before the 10 day deadline? Can we go request a new date?
    That doesn't really tell me all the much because costs vary from county to county but if they didn't ask, "Or we going to serve this," then the sheriff's department is going to serve it an unless the hearing date is a month away, it will probably will not be served in time. You will have to do an "ORDER TO APPEAR ON RESETTING." It is the same song only a slightly different title and it will have to be attached to citation being served on the respondent. (Now, expect at least a half dozen calls from your client wanting to know "is the respondent served" and "why didn't the respondent served" and "why the hearing keeps getting postponed." And to everyone else, "I think my lawyer sucks."
  11. #11
    mrseld Guest
    What is the "ten day deadline" deal?
  12. #12
    Boxcarbill Guest
    Originally posted by mrseld
    What is the "ten day deadline" deal?
    Under Texa law, the respondent must have at least 10 days notice of a contempt hearing in order to prepare for trial. It is the "due process of law."
  13. #13
    sbaldwin is offline Member
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    So, since the hearing was set for Aug. 5, it's not likely that she'll get served in time huh? GREAT!!!!!!!!!!!!!!!!!!!!!! MY LAWYER DOES SUCK! Oh wait, that would be me!

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