Travis Texas Sample Letter for Request to Issue Summons by Publication is a legal document used in the state of Texas to request the issuance of summons by publication. Summons by publication is a method of serving legal notice to a defendant who cannot be personally served or whose whereabouts are unknown. Here is a detailed description and an example of what a Travis Texas Sample Letter for Request to Issue Summons by Publication may include: [Your Name] [Your Address] [City, State, Zip] [Phone Number] [Email Address] [Date] [Court Clerk's Name] [Court Clerk's Address] [City, State, Zip] Re: Request to Issue Summons by Publication — [Case Title and Number] Dear [Court Clerk's Name], I am writing to formally request the issuance of summons by publication for the above-mentioned case, which is currently pending in the [Court Name]. As the plaintiff in this case, I have made diligent efforts to locate and personally serve the defendant(s) named in the lawsuit, but unfortunately, all attempts have been unsuccessful. According to the information available to me, the defendant(s) reside or are believed to be located in Travis County, Texas. Despite multiple attempts to serve them personally at their known addresses, they could not be found or have deliberately concealed their whereabouts to avoid service. Considering the circumstances, I kindly request the court to authorize the service of summons by publication in accordance with the Texas Rules of Civil Procedure, specifically Rule 114. This method of service will ensure that the defendant(s) receive proper notice of the pending lawsuit. In support of this request, I have attached an Affidavit of Diligent Search outlining the diligent efforts made to locate the defendant(s). The affidavit provides details of the attempted personal service, inquiry with the post office, and other means used to locate the defendant(s). Additionally, I have attached the proposed notice to be published in a newspaper of general circulation in Travis County for four consecutive weeks. The notice includes all the required information as specified in Rule 114. I understand that the court may require payment of the costs associated with this publication, and I am willing to comply with any such requirement promptly. Kindly notify me of the estimated costs and provide guidance on making the necessary payments. Thank you for your attention to this matter. Should you require any further information or documentation, please do not hesitate to contact me at the provided phone number or email address. Sincerely, [Your Name] Keywords: Travis Texas, Sample Letter, Request to Issue Summons by Publication, legal document, Texas Rules of Civil Procedure, diligent efforts, serve notice, defendant(s), publication in newspaper, Affidavit of Diligent Search, court costs, court clerk.
Travis Texas Sample Letter for Request to Issue Summons by Publication
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How to fill out Travis Texas Sample Letter For Request To Issue Summons By Publication?
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FAQ
If we go through Rule 20 (1) (e) then it would become clear that law requires the publication of summons (as prescribed under Rule 5) in the newspaper but not in a single case in which order of substituted service is passed by civil court you will find publication of summons rather in every case a simple intimation
Service of Summons by Publication In such cases, summons may be served through publishing it in a newspaper in such place and for such time as the Court where the case is pending may direct.
17.027. PREPARATION AND SERVICE. (a) The plaintiff or his attorney may prepare the appropriate citation for the defendant. (b) The citation must be in the form prescribed by the Texas Rules of Civil Procedure.
Request citation by publication from the district clerk (for example, in Harris County you would submit the Civil Process Request Form, ).
(1) As a condition precedent to service by publication, a statement shall be filed in the action executed by the plaintiff, the plaintiff's agent or attorney, setting forth substantially the matters hereafter required, which statement may be contained in a verified pleading, or in an affidavit or other sworn statement.
A Summons is an official notice of a lawsuit. It is given to the person being sued. If you sue someone, they need to know about it. This way, they can come to court and fight the lawsuit. When you serve the defendant with a Summons, you officially tell that you are suing them.
Citation must be served by: (1) delivering a copy of the citation with a copy of the petition attached to the defendant in person, after endorsing the date of delivery on the citation; or (2) mailing a copy of the citation with a copy of the petition attached to the defendant by registered or certified mail, restricted
In such cases, summons may be served through publishing it in a newspaper in such place and for such time as the Court where the case is pending may direct. It must be noted however that aside from the publication, a copy of the summons must also be sent through registered mail to the last known address of the debtor.
Publication Summons. To provide notice by publication in a newspaper to a respondent who cannot otherwise be served personally of the existence of an action for divorce or legal separation.
Rule 116 provides that citation by publication shall be served by the sheriff or any constable of any county of the state by having it published once each week for four consecutive weeks, the first day of publication to be at least twenty-eight days before the return day of the citation.
