Will a Judge aprove a 106(b) motion to serve a Citation to a PO Box in a civil matter? I can't find a hard address for defendant

Attorney answers (4)

1. Licensed in TX

   

   Richard Arbuckle

   Houston Personal Injury Lawyer

   Contributor Level 15

   Answered January 18, 2013 10:49. You can probably get the judge to allow this under the right circumstances. Unless you are in small claims court, you will need a lawyer to help you file the right motion.

   This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... moreThis is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney. less

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2. Licensed in TX

   

   Carmine Giardino

   San Antonio General Practice Lawyer

   Contributor Level 14

   Answered January 18, 2013 19:31. You don't need a 106(b), you need a process server

   If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and... moreIf this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck! less

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3. Licensed in TX

   

   Teri A. Walter

   Houston Litigation Lawyer

   Contributor Level 19

   Answered January 21, 2013 07:47. The judge may approve it, but you're probably better off trying to find them first.
   
   There are lots of ways to find people. One of the easiest is a Freedom of Information Act letter to the Post Office requesting the physical address of a box holder for service of citation. However, if this is a case in District Court, you'll need an attorney to help you, and it's better to arrange that sooner rather than later.

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4. Licensed in TX

   

   Don Karotkin

   Houston Medical Malpractice Attorney

   Contributor Level 15

   Answered January 21, 2013 08:26. Perhaps, but you will have to establish by affidavit or other competent evidence that the post office box you specify is, in fact, the defendant's and that service by mail at that address will be reasonably effective to give the him notice of the suit, pursuant to the provisions of Rule 106(b)(2).
   
   If you don't have a lawyer, you should get one. This is only one of dozens of questions that will arise as you go forward. You cannot learn to practice law or how to prosecute a lawsuit on the internet.
   
   Good luck.

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