What is the process for being serviced?

[kurtcobain]

What is the name of your state (only U.S. law)? Texas

Hi, what is the process in being served in Texas - specifically, what happens if we are never home when they are trying to serve us for a lawsuit? Will they eventually get a default judgement, or what happens?

 

[latigo]

What is the name of your state (only U.S. law)? Texas What is the process for being serviced?

I thought “being serviced” was a euphemism for something to do with animal husbandry. (Rarely referred to as such in Texas I hear.) Whatever -

TEXAS RULES OF CIVIL PROCEDURE
PART II - RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS SECTION 1. GENERAL RULES RULE 15. WRITS AND PROCESS

Rule 106. Method of Service

Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by
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

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.

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. (Emphasis mine)

 

[kurtcobain]

I thought “being serviced” was a euphemism for something to do with animal husbandry. (Rarely referred to as such in Texas I hear.) Whatever -


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So, what happens if both #1 and #2 are unsuccessful?

 

[Tex78704]

If they are unable to be serve you process at your residence, their next step would likely be at your workplace. For some folks it is embarassing for a sheriff deputy or constable to come looking for them at their workplace to serve them process on a lawsuit.

If you make service difficult and the Plaintiff is persistent, you WILL eventually be 'legally served', whether or not you actually get the documents in your hands, and the suit will proceed without you.

However, you have indicated in another post you are in Chapter 13 proceedings, and you were advised this offers legal protections against creditors. However, you have to properly assert those rights as needed, or you risk waiving those rights.

Dodging service is not the way to assert or protect your rights. If you are winging all this on your own without an attorney, your mistakes will almost surely end up costing you far more in the long run, than if you had hired an attorney.

 

[kurtcobain]

And as I also said on the other thread, this suit is about to happen, and I've been in chapter thirteen for 3 years now. The person suing me is NOT a creditor