Discussion of a Rule 106 under the Texas Rules of Civil Procedure

Rule 106 under the Texas rules of civil procedure covers the acceptable methods by which a party to a lawsuit can receive legal documents. Unless the court indicates otherwise, documents may be delivered to 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 defendant. The delivery date must be included on the copy of the petition if delivered in person. When mailed, the return receipt is used to verify the delivery date.

The accused can be notified at his residence or place of work. Sometimes private investigators serve people who have been difficult to locate.

The petition cannot be left at the place of business or with another person living in the home, unless the process server can show the court that numerous attempts were made to serve the individual in person. If numerous attempts have been made and service has not been successful, the court may allow the documents to be left with someone over 16 years of age.

An affidavit must be filed with the court to allow this type of service in accordance with rule 106 under the Texas rules of civil procedure. The affidavit must include the home or business address of the defendant.

You must 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, as well as the hours of the day they were made. They prefer to have an attempt made in the morning, afternoon, and evening. The judge wants due diligence to be carried out in attempts to deliver the documents because the court’s primary concern is that the defendant receive notification of a pending court case.

The complainant’s main concern depends on the type of case. If the defendant has been served and does not appear, a judgment will generally be awarded to the plaintiff. When the lawsuit involves money, receiving a judgment makes it much easier to collect.

Although rule 106 under Texas rules of civil procedure allows documents to be left at the defendant’s workplace or home, the judge has the authority to disqualify the affidavit and require additional service attempts to be made at person.

An affidavit could be disqualified if the process server does not appear to have been diligent in their efforts. Only visiting a workplace or 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 under Texas civil procedure rules. 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 at the end of the course. Hiring a professional company with a great track record is the best way to ensure that the job is done correctly.