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Old 10-25-2007, 06:45 PM
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Join Date: Oct 2007
Posts: 2

Served Papers.


What is the name of your state? Texas.

Hi All Legal Experts,

Can a Justice of the Peace authorize a local constable papers to be served by taping the papers to the door and/or give it to another person in the household than who it is for?

I don't know if it matters or not, but it was a notification of being sued for a credit card debt.
  #2  
Old 10-25-2007, 11:23 PM
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Join Date: Jan 2005
Posts: 2,336
Texas allows service to be made by leaving papers with any person in the household at least 16 years of age.

I don't see anything about taping them to the door unless they are relying on Section b2 below.

My guess is that the service meets the requirements of Texas law.

Read the following Texas Rules for Service of Process:
RULE 106. METHOD OF SERVICE
(a) Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by
(1) delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
(2) mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
(b) Upon motion supported by affidavit stating the location of the defendant 's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service
(1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit.
(Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1, 1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.)
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