When you can't have a person served and you have to run it in a paper what do you call that

Asked over 1 year ago - Big Spring, TX

I need to have a person served but I really don't know where she is in Austin Tx.

Attorney answers (3)

  1. Brian W. Erikson

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . That form of service is termed "service by publication." But, you would have to have a court order permitting such service, and that method would have to be calculated to provide actual notice to the defendant. It would take an usual case for service by publication to be a legitimate form of service. If you were to secure a default judgment based on service by publication, Texas Rule of Civil Procedure would permit the defendant to secure a new trial.

    You can review the Texas Rules of Civil Procedure at the following web addresses:

    Texas Rules of Civil Procedure:
    http://www.stcl.edu/library/TexasRulesProject/I...

    -Or-

    http://www.supreme.courts.state.tx.us/rules/trc...

    Good luck.

  2. JaPaula C Kemp

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I agree with Mr. Erickson. After your lawsuit is filed you have to prove to the court that you are unable to locate the other party and then make a request for her to be served by publication. The summons and complaint will need to be submitted to a newspaper of general circulation in the area where the other side is likely to be.

    An attorney ad litem may also be appointed to represent the missing person. You will likely have to pay the fee of that attorney.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... more
  3. Brian Heath Crockett

    Pro

    Contributor Level 16

    Answered . Service by publication. good luck.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more

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