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NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Cause Number Complete this top part so that it looks exactly like the Petition filed in your case. In the (check one): District Court Number County Court

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How to fill out a motion for substituted service:

1. Start by downloading a motion form from your local court's website or obtain a copy from the court clerk.
2. Fill in the case information, including the case number, names of the parties involved, and the court where the case is being heard.
3. Clearly state your request for substituted service, explaining why you believe it is necessary.
4. Provide detailed information about the attempts made to serve the other party. Include dates, times, and methods used for service, such as certified mail, personal service, or leaving the documents with a person of suitable age and discretion.
5. If you have any supporting evidence, such as photographs, videos, or witness statements, attach them to your motion.
6. Sign and date the motion appropriately.
7. Make several copies of the completed motion and keep one for your records.
8. File the original motion with the court clerk.
9. Serve a copy of the motion on all the parties involved in the case, following the appropriate service rules in your jurisdiction.
10. Keep track of the date and method of service for each party, as you may need to provide this information to the court later.

Who needs a motion for substituted service?

1. Individuals involved in a legal dispute who have made reasonable attempts to serve the other party but have been unsuccessful.
2. Plaintiffs or defendants who believe that alternative methods of service, such as mailing the documents or leaving them with a responsible adult at the defendant's residence, are necessary and appropriate.
3. Parties who can provide evidence or compelling reasons to support their request for substituted service.

People Also Ask about

What is Rule 109a in Texas?

Rule 109a - Other Substituted Service. Whenever citation by publication is authorized, the court may, on motion, prescribe a different method of substituted service, if the court finds, and so recites in its order, that the method so prescribed would be as likely as publication to give defendant actual notice.

Is substitute service allowed in Texas?

Personal Service Still Allowed: Personal service is always allowed when you have an alternative service order in hand. Make it a habit to knock the door one last time before posting! Minimum Age: When performing Substitute Service, the co-resident must be at least 17 years of age or older.

What is the rule 106 service in Texas?

Rule 106. Service of Citation (1947) Unless it otherwise directs, the citation shall be served by the officer delivering to each defendant, in person, a true copy of the citation with the date of delivery endorsed thereon and with a copy of the petition attached thereto.

What is Rule 306a in Texas?

Judges, attorneys and clerks are directed to use their best efforts to cause all judgments, decisions and orders of any kind to be reduced to writing and signed by the trial judge with the date of signing stated therein.

What is Rule 91 A in Texas?

Rule 91a - Dismissal of Baseless Causes of Action 91a. 1 Motion and Grounds. Except in a case brought under the Family Code or a case governed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss a cause of action on the grounds that it has no basis in law or fact.

What is a motion for substituted service in California?

What is substituted service? Substituted service means that the papers are left with an adult who lives at the home or is in charge where they work (like a manager). Then, your server mails a copy of the papers to your spouse or the other parent's home or work.

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What is motion for substituted service?

A motion for substituted service is a legal request made to a court to allow service of legal documents through an alternative method when traditional service is not feasible or possible.

Who is required to file motion for substituted service?

Typically, the plaintiff or the party attempting to serve the documents is required to file a motion for substituted service when they cannot locate the defendant or the intended recipient.

How to fill out motion for substituted service?

To fill out a motion for substituted service, you generally need to include the case caption, a statement of the difficulties faced with traditional service, the proposed method of substituted service, and any relevant supporting evidence.

What is the purpose of motion for substituted service?

The purpose of a motion for substituted service is to ensure that a party receives notice of legal actions against them, even when traditional methods of service are not possible.

What information must be reported on motion for substituted service?

The information that must be reported includes details of the case, attempts made to serve the documents, the reasons why traditional service failed, the proposed alternative method of service, and supporting evidence if available.