Rule 106 under Texas rules of civil procedure covers the acceptable methods by which a party to a lawsuit can be served with legal papers. Unless otherwise directed by the court, the papers can be delivered to the defendant in person or sent via registered mail, return receipt requested.
A true copy of the petition and the citation must be delivered to the defendant. The date of delivery must be included on the copy of the petition if delivered in person. When mailed, the return receipt serves to verify the date of delivery.
The defendant can be served at his or her residence or place of business. Private investigators sometimes perform the service for individuals that have been difficult to locate.
The petition cannot be left at the place of business or with someone else living in the home, unless the process server can prove to the court that numerous attempts were made to serve the individual in person. If numerous attempts have been made and service has been unsuccessful, the court may allow the documents to be left with someone over the age of 16.
An affidavit must be filed with the court in order to allow for this type of service according to rule 106 under Texas rules of civil procedure. The affidavit must include the defendant’s home or business address.
It must also show that delivery was attempted in the normal manner, but was unsuccessful. The judge often makes his or her determination based on numbers of attempts as well as what times during the day the attempts were made. They prefer that an attempt be made in the morning, afternoon and the evening. The judge wants to see due diligence carried out in the attempts to serve the papers because it is the court’s primary concern that the defendant receives notice of a pending court case.
The complainant’s primary concern depends on the type of case. If the defendant has been served and fails to appear, a judgment will usually be awarded to the complainant. When the suit involves money, receiving a judgment makes it much easier to collect.
Although rule 106 under Texas rules of civil procedure allows for documents to be left at a defendant’s place of business or home, the judge has the authority to disqualify the affidavit and require that additional in-person service attempts are made.
An affidavit could be disqualified if it does not appear that the process server has been diligent in his or her efforts. Only visiting a place of business or a home on one single occasion is not a diligent effort. Disqualifying an affidavit means delays for the complainant.
A professional process server should be familiar with rule 106 under Texas rules of civil procedure. The Texas State Supreme court ensures that they have knowledge of rule 106 along with all of the other guidelines through the certification process which includes a test at the conclusion of the course. Hiring a professional company with a great track record is the best way to make sure that the job is done correctly.
