NASCAR_Devil Posted November 29, 2007 Report Share Posted November 29, 2007 Does anyone know what constitutes proper service in Texas? A process server came to the door to serve papers to my wife form LVNV Funding and he jsut dropped them on the porch when she would not sign for them. Is this legal? Link to comment Share on other sites More sharing options...
Freak Posted November 29, 2007 Report Share Posted November 29, 2007 Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 bydelivering 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. (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.) Link to comment Share on other sites More sharing options...
Freak Posted November 29, 2007 Report Share Posted November 29, 2007 Service... Manner of Service. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness's attorney of record. Proof of Service. Proof of service must be made by filing either: the witness's signed written memorandum attached to the subpoena showing that the witness accepted the subpoena; or a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served. Link to comment Share on other sites More sharing options...
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