Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally request the issuance of summons by publication in the state of Texas. I have been attempting to personally serve the defendant in the legal matter of [Case Name and Number], but have been unsuccessful in locating their whereabouts or establishing contact with them. Therefore, I believe serving them through publication is the appropriate course of action in this situation. Texas law allows for the issuance of summons by publication when all reasonable efforts to personally serve the defendant have been exhausted. Serving the defendant through publication involves publishing a notice in a newspaper determined by the court to be most likely to give the defendant actual notice of the legal proceedings. This method of service is in accordance with Texas Rules of Civil Procedure, Rule 114. To initiate the process of serving the defendant via publication, I kindly request the following information be included in the summons: 1. The name of the newspaper in which the summons will be published. 2. The date on which the first publication should occur. 3. The number of consecutive weeks the notice should be published. 4. The deadline for submitting proof of publication to the court. Additionally, I would like to request the issuance of a digital or physical copy of the published notice for my records. As required by the Texas Rules of Civil Procedure, I have attached an Affidavit of Diligent Search to demonstrate that all reasonable efforts have been made to locate and serve the defendant personally. This affidavit outlines the various methods and attempts I have employed, including contacting known addresses, phone numbers, and individuals associated with the defendant. Please find enclosed all necessary supporting documents, including a copy of the complaint, court's filing fee, and any other required forms. Kindly acknowledge receipt of this letter and provide any further guidance or instructions regarding the process if necessary. Thank you for your attention to this matter. I greatly appreciate your assistance in ensuring that the defendant is properly served in accordance with the rules and regulations governing legal proceedings in the state of Texas. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]
Texas Sample Letter for Request to Issue Summons by Publication
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How to fill out Texas Sample Letter For Request To Issue Summons By Publication?
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FAQ
The term, ?being served,? means that a person has received legal documents, a lawsuit, or a subpoena, detailing a civil case in which that person served must appear. It is required by law that the plaintiff gives the defendant a legal notice before bringing them to court.
The law generally requires service by hand delivery or by certified mail, return receipt requested.
Yes, you can serve divorce papers through social media and email in Texas. If your spouse or partner avoids being served legal orders through conventional methods, Texas now allows service of process through social media and email.
An application to the court for an order and notice of any hearing thereon, not presented during a hearing or trial, must be served upon all other parties not less than three days before the time specified for the hearing, unless otherwise provided by these rules or shortened by the court. (c) Multiple Parties.
Effective January 1, 2021, the Texas Supreme Court now permits lower courts to substitute serve defendants by social media, email, or other technology.
Generally, you can only ask to serve by publication You publish the court papers in a newspaper of general circulation in the area where the person you have to serve is likely to be. Call the court in that area to find out if they have a list of newspapers you can use. You will have to pay to publish the court papers.
There is no limit to the number of times a process server can visit you or come to your house to serve you documents. Each process server has their own rules as to how many times they will attempt to serve documents. In most cases, three attempts will be made, and at different times of the day and on different days.
How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
