Friends served court documents for my spouse and I in texas

[Etorres292]

Texas

My spouse and I received a notice of eviction due to noise complaints and drug odors co.ing from apartment. The only problem is we don't use drugs and we haven't been loud at all since we have moved in on dates of complaints. We have spoken to apartment management to inform them that the resident across from us doesn't like my spouse for some reason and that the complaints are not true. Despite our calls to apartment management we received notice to vacate. At that time we stopped paying rent because they said we would still have to pay full term of lease. Recently we have two friends on 2different occasions leave our apartment and a constable approach them. They informed the constable they were friends visiting and not my spouse or me. The constable gave them anyways court papers. I thought in Texas my spouse or I had to be served court documents since we are the only ones on lease and only people residing in our apartment. The papers say court is on the 27th what do we do or what can we do if anything at all?

 

[adjusterjack]

Texas is pretty liberal about process service. Rule 106 c and 106 d likely apply here. Scroll down:

[link removed]

Besides, you got it and admit you got it so you would be hard pressed to argue improper service because the judge will say "You got it, you're here, let's proceed."

What do your court papers say about the reason for eviction?

 

[Zigner]

Specifically, rule 106 (b)(1):

(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)(1) 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 copy of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit ...

(http://www.txcourts.gov/media/1055394/trcp-20150901.pdf)

 

[zddoodah]

Besides, you got it and admit you got it so you would be hard pressed to argue improper service because the judge will say "You got it, you're here, let's proceed."

"I got it" and "proper service" are not the same thing. In the case of every motion to quash service that has ever been filed, the defendant received the papers, but that hasn't stopped thousands of judges from granting thousands of motions to quash based on improper service.

That being said, the prudent thing for the OP to do would be to show up for whatever is happening on the 27th.

 

[Zigner]

That being said, the prudent thing for the OP to do would be to show up for whatever is happening on the 27th.

It would be prudent because it's likely that service was valid.

 

[adjusterjack]

Psstt - that's a commercial site.

Happy now?

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
  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.
• 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.

 

[Zigner]

Happy now?

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
  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.
• 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.

Thanks, adjusterjack. I also posted a link to the full rules of service in case the OP wants to peruse them.