Sh Sharena Gi a Gilliland, liland, Parker County, District Clerk Lisa Johns Lisa Johnson, Hemphill Co. & Dist. Clerk Karren en W Winter, er, Archer Co. Clerk Citations Return Methods of Service Citation by Publication Tax Cases Expedited Foreclosure Family Probate AND MORE!! 1
Texas Rules of Civil Procedure, Rule 16: ◦ Officer/Authorized person endorse on all process and precepts the day and hour he received them ◦ The manner in which he executed them ◦ Time and place of process ◦ Sign Texas Rules of Civil Procedure, Rule 17: ◦ Unless “otherwise expressly provided by law or these rules,” officer receiving process cannot demand fee for executing in advance of such execution ◦ Fee to be taxed and collected as other costs in the case 2
Texas Rules of Civil Procedure, Rule 99: ◦ A. Issuance When requested by party, Clerk shall issue And “deliver the citation as directed by the requesting party.” Party responsible to obtain service Party responsible for obtaining a copy of the petition If requested, Clerk shall issue separate or additional citations Clerk must retain a copy of citation in court’s file Texas Rules of Civil Procedure, Rule 99: ◦ B. Form Styled “The State of Texas” Signed by Clerk under seal of court Contain name and location of court Show date of filing of the petition Show date of issuance List the file number Names of parties Be directed to the defendant 3
Texas Rules of Civil Procedure, Rule 99: ◦ B. Form Name and address of attorney for plaintiff, otherwise name/address of plaintiff Contain time which require defendant to file a written answer with the Clerk Contain the address of the Clerk Notify defendant that failure to answer may result in default judgment for the relief demanded in petition Direct defendant file written answer on/before 10:00 am Monday next after expiration of 20 days from service Texas Rules of Civil Procedure, Rule 99: ◦ C. Notice Must include this notice: “You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you.” 4
Texas Rules of Civil Procedure, Rule 99: ◦ D. Copies “The party filing any pleading upon which citation is to be issued and served shall furnish the clerk with a sufficient number of copies thereof for use in serving the parties to be served, and when copies are so furnished the clerk shall make no charge for the copies.” 5
Texas Rules of Civil Procedure, Rule 103 ◦ Sheriff or Constable ◦ Other person “authorized by law” ◦ Person authorized by the court not less than age 18 ◦ Person certified by Supreme Court ◦ Clerk by certified mail or registered mail 6
Texas Rules of Civil Procedure, Rule 105 ◦ Person serving must note on the citation the “day and hour” received and execute and return without delay Rule 107 ◦ Return must include: Cause No. and Case Name Court Description of what was served Date/Time process was received for service Person/entity served Address served Date of service or attempted service Manner of delivery or attempted service Name of person who served or attempted to serve If person serving is certified by Supreme Court, include ID number and expiration of certification Any other info required by law or rule 7
Rule 107 ◦ Return must include: Person/entity served Address served Date of service or attempted service Manner of delivery or attempted service Name of person who served or attempted to serve If person serving is certified by Supreme Court, include ID number and expiration of certification Any other info required by law or rule Rule 107 ◦ Service by certified mail - return must include return receipt with addressee’s signature ◦ If unserved, Return must show diligence used by person to execute and the cause of failure and where defendant can be found, if ascertainable ◦ Return must be signed 8
Rule 107 ◦ If served by anyone other than Sheriff, Constable, or Clerk, the Return must be verified (i.e. notarized) or signed under penalty of perjury. ◦ If signed under penalty of perjury: “My name is ____, my date of birth is ___, and my address is ___. I declare under penalty of perjury that the foregoing is true and correct. Executed in ___ County, State of ____, on the ___ day of ___, 20__.” Rule 107 ◦ Return and any documents attached must be filed with the court ◦ Return must be on file with Clerk for 10 days before default judgment can be entered 9
Rule 106 ◦ Served by anyone listed in Rule 103 by: In person with copy of citation and petition attached Mailing to defendant via registered or certified mail, return receipt requested with copy of citation and petition Rule 106 ◦ “Substituted Service” Motion supported by affidavit: Affidavit states location of defendants usual place of business/home or other place probably found Affidavit states specific facts regarding attempts and why unsuccessful If motion Granted, service by: Leaving copy of citation and petition with anyone over 16 at location specified in affidavit, or Any other manner the evidence shows will reasonably give defendant notice of the suit ◦ See also Rule 109a 10
Rule 108 – Another State ◦ Substantively the same as in Texas Rule 108a – Foreign Countries ◦ Read the rule Civil Practice & Remedies Code §17.026 ◦ If service of a defendant may be on the Texas Secretary of State, send by CM/RRR by clerk or party to SOS ◦ Service on SOS per Rule 103 ◦ Include $55 and 2 copies of documents being served ◦ Defendant served when SOS completes certificate that he forwarded citation and petition to defendant ( Campus Invs. V. Cullever, 144 S.W.3d 464 (Tex. 2004)) ◦ See www.sos.state.tx.us/corp/service-of- process.shtml and 1 Tex. Admin. Code §71.21(a) 11
Rule 109 ◦ Motion and Affidavit – defendant is transient or after due diligence cannot find or is absent from Texas ◦ If Granted, Clerk issue citation for service by publication Rule 111 – Unknown Heirs ◦ Defendants listed as “Unknown Heirs of ___, deceased” or “Unknown Stockholders of ____ Corp.” Rule 112 and 113– Unknown Owners of Land Defendants listed as “All persons claiming any title or interest in land under deed heretofore given to ____ of ____ as grantee.” 12
Rule 114 - Requisites ◦ Follow Rule 15 and 99 ◦ Styled “State of Texas” ◦ Directed to defendants (or unknown heirs, etc) ◦ Names of Parties ◦ Brief statement of nature of suit ◦ Description of property involved, if any ◦ Rule 115 requirements if land involved ◦ Direct to answer before 10:00 Monday after 42 days from date of issuance, with specific day of week, day of month to answer Rule 116 – Service ◦ Cite served by Sheriff, Constable, or Clerk by having the cite published 1x/week for 4 consecutive weeks ◦ First publication at least 28 days before the return day of citation ◦ Publication in county where suit pending, IF there is a newspaper in said county ◦ If no newspaper, then in adjoining county ◦ If involve real estate, publication must be in county where land located (or adjoining county) 13
Rule 117 – Return ◦ Return must show and when citation was executed, specifying specific dates of publication ◦ Signed by officer ◦ Include copy of printed publication ◦ May get a “publisher’s affidavit” to include with the Return SB 891 – Effective 9/1/19 Adds §17.032 and §17.033 CPRC Provides for Citation by Publication on the internet or social media 14
Rule 117a – Delinquent Ad Valorem Taxes ◦ Follow all other Citation Rules ◦ Exception if defendant out of state, unknown, transient, etc., attorney requesting issuance of process shall file an affidavit and request citation by publication ◦ If by publication, published 1x/week for 2 weeks ◦ Must include brief general description of the property ◦ Must include amount of taxes due ◦ Do not have to attach POP ◦ Specific format for cite by publication or out of state service Rule 735 – Liens ◦ Home equity loans, reverse mortgages, etc. ◦ Tax liens/loans ◦ HOA assessments Rule 736.1 – Application ◦ Filed in county where property located ◦ Styled “In re: Order of Foreclosure Concerning [property’s mailing address] under Tex. R. Civ. P. 736.” 15
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