Home > Research Legal Advice > Litigation > What are the civil service rules requirements for alternative service?
Asked 6 months ago - Sugar Land, TX
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I have hired a process service company to serve my ex-wife with a court order for an enforcement motion for child visitation. She has avoided service. We requested an alternative service order (including an affidavit from the service company), which was denied by the judge because our request didn't meet the required rules of civil procedure.
What are the specific requirements for alternative service?
You must read the rules of civil procedure. You will need at least one affidavit from the person who attempted service. Look at Rule 106a. One problem is using alternative service for an enforcement proceeding which is a quasi-criminal proceeding. I suggest getting an attorney involved. Not only are there certain requirements for pleading in an enforcement proceeding, there are also some tricks to proving the motion. If you can't figure out how to get her served, you won't figure out how to get her held in contempt.
You have to make a good faith attempt to locate your spouse and to verify that she resides where you believe she does. This may include checking with the post office, interviewing friends and neighbors and checking other sources. If you have done that, you can file an affidavit of diligent inquiry with the court requesting alternate forms of service.
Here is a link to a form affidavit that you would need to file:
http://www.3stepdivorce.com/ftp/affidavitsearch...
Before you can do anything to have the Court enforce any order, it is essential that the Court be satisfied that your ex was actually served with the documents that the Rules require. I am not certain about Texas, but the Federal Rule of Civil Procedure that governs this issue is Rule 5, and most states (including NC) follow it, at least generally. I agree that hiring -- or at the very least consulting -- a competent attorney experienced in this area would be essential for you.
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