Texas Waiver of Service of Summons
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How to fill out Texas Waiver Of Service Of Summons?
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FAQ
As a general rule, only the initial filing papers (citation, petition, and any other papers you file with the petition) need to be served by a constable, sheriff, private process server, or court clerk. You can serve the rest of the papers yourself.
This means that we will not be having a constable or private process server take the petition and citation and hand it to the person. Instead, the opposing party is acknowledging receipt of the petition, providing up-to-date contact information for the court, and saying that he does not need to be served.
The law generally requires service by hand delivery or by certified mail, return receipt requested.
The respondent must file the notarized waiver of service with the county clerk in the same county where the divorce was filed.
Service by certified mail is complete on the day the certified mail receipt is signed. When the party that has to be served lives out of state, papers can usually be served by sending a copy of the paperwork to be served to that party by first-class mail, postage prepaid, and return receipt requested.
Yes. The respondent can sign a waiver of service so you don't have to go through the process of officially serving them. However, waivers must be signed in front of a notary.
Texas Rule of Civil Procedure 106 requires that the process server first try to deliver the papers in person or by certified mail. You can ask the court to serve them in another way if trying to serve them in person or by certified mail didn't work. Texas rules now let you serve people by e-mail or even social media.
The law generally requires service by hand delivery or certified mail, return receipt requested. The Secretary of State also accepts service by regular mail.