Discussion of Rule 106 under the Texas Rules of Civil Procedure
Rule 106 of the Texas Rules of Civil Procedure covers the acceptable methods by which legal papers may be served on a party to a lawsuit. Unless the court directs otherwise, the documents may be served on the defendant in person or sent by certified mail, return receipt requested.
A true copy of the Petition and Summons must be served on the Respondent. The delivery date must be included on the copy of the petition if delivered in person. When sent by mail, the acknowledgment of receipt is used to verify the date of delivery.
The defendant may be served at his residence or place of business. Private investigators sometimes perform the service for people who have been difficult to locate.
The petition cannot be left at the place of employment or with another person living in the home, unless the person serving the process can show the court that numerous attempts were made to personally serve the individual. If numerous attempts have been made and service has been unsuccessful, the court may allow the documents to be left with a person over the age of 16.
An affidavit must be filed with the court to allow this type of service in accordance with Rule 106 of the Texas Rules of Civil Procedure. The affidavit must include the defendant’s home or business address.
It should also show that the delivery was attempted in the normal way, but was unsuccessful. The judge often makes his determination based on the number of attempts and what time of day the attempts were made. They prefer that an attempt be made in the morning, afternoon and evening. The judge wants due diligence to be carried out in attempts to serve the documents because the court’s main concern is that the defendant receives notice of a pending court case.
The main concern of the complainant depends on the type of case. If the defendant has been served and does not appear, a judgment will usually be awarded to the plaintiff. When the lawsuit involves money, receiving a judgment makes it much easier to collect.
Although Rule 106 of the Texas Rules of Civil Procedure allows documents to be left at the defendant’s place of business or home, the judge has the authority to disqualify the affidavit and require additional attempts at delivery to be made. person.
An affidavit could be disqualified if it does not appear that the server has been diligent in their efforts. Visiting a place of business or a home on one occasion is not a diligent effort. Disqualifying an affidavit means delays for the complainant.
A professional process server must be familiar with Rule 106 of the Texas Rules of Civil Procedure. The Supreme Court of the State of Texas ensures that you are aware of rule 106 along with all other guidelines through the certification process that includes a test upon completion of the course. Hiring a professional company with a great track record is the best way to make sure the job is done right.