Texas Sworn Statement for Alternative Service by Delivery to the Premises
Definition and meaning
The Texas Sworn Statement for Alternative Service by Delivery to the Premises is a legal document used in eviction cases where traditional methods of serving a defendant have failed. This statement allows for the court to authorize service of legal documents by delivering them directly to the premises of the defendant. It is particularly useful when efforts to deliver papers personally or leave them with a household member have not been successful.
Who should use this form
This form is designed for plaintiffs in eviction cases who have been unable to serve the defendant through conventional means. It's important for individuals who have made diligent attempts to provide legal notice to the defendant but have not been successful to ensure they comply with legal protocols before pursuing this alternative method.
Key components of the form
When completing the Texas Sworn Statement for Alternative Service, be certain to include the following key components:
- All known addresses of the defendant, including home and work addresses.
- Date and results of previous service attempts.
- Signature and printed name of the person completing the form.
- Declaration by the process server verifying the attempts made.
Inclusion of these details is crucial for the court's consideration of the alternative service request.
State-specific requirements
There are specific legal requirements for using the Texas Sworn Statement for Alternative Service. The form must be filed in the appropriate Justice Court and must demonstrate that at least two attempts to serve the defendant at all known addresses were unsuccessful. The court may authorize the service if the plaintiff provides sufficient evidence of these attempts, as outlined in Rule 510.4.
Common mistakes to avoid when using this form
When filing the Texas Sworn Statement for Alternative Service, avoid the following common mistakes:
- Failing to adequately document previous service attempts.
- Not including all known addresses of the defendant.
- Omitting signatures or necessary declarations from the process server.
By steering clear of these errors, plaintiffs can enhance the likelihood that their request for alternative service will be granted.
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FAQ
(b) Mailbox rule. (1) Service by mail is complete upon deposit of the notice in a prepaid, properly addressed envelope in a post office or official depository under the care and custody of the United States Postal Service.
Rule 11 of the Texas Rules of Civil Procedure lets lawyers and parties to any lawsuit enter into a written agreement on any subject matter of the lawsuit.
Judges, attorneys and clerks are directed to use their best efforts to cause all judgments, decisions and orders of any kind to be reduced to writing and signed by the trial judge with the date of signing stated therein.
(a) The officer shall place the citation inside the premises by placing it through a door mail chute or by slipping it under the front door; and if neither method is possible or practical, the officer shall securely affix the citation to the front door or main entry to the premises.
Without complying with paragraphs (a) and (b), a party may withhold a privileged communication to or from a lawyer or lawyer's representative or a privileged document of a lawyer or lawyer's representative. (2) concerning the litigation in which the discovery is requested. (d) Privilege not waived by production.
(1) Service by mail or commercial delivery service shall be complete upon deposit of the document, postpaid and properly addressed, in the mail or with a commercial delivery service. (2) Service by fax is complete on receipt.
RULE 510.4. ISSUANCE, SERVICE, AND RETURN OF CITATION (a) Issuance of Citation; Contents. When a petition is filed, the court must immediately issue citation directed to each defendant. The citation must: (b) Service and Return of Citation.
The successful party to a suit shall recover of his adversary all costs incurred therein, except where otherwise provided.