Collin County Justice of the Peace Courts Service and Proof of Service Rules

CRITICAL

Applies to

Motion to withdraw

Service

Mail

A motion to withdraw may be heard if the defendant has notice to appear or agrees in writing; adequate notice is sent by certified mail, return receipt requested.

An attorney's motion to withdraw will be heard at any time when the defendant has had notice to appear or whenever the defendant agrees in writing. Adequate notice is by certified mail, return receipt requested.

CRITICAL

Applies to

Return of service

The person verifying a return of service must file an affidavit stating that they are not a party to and have no interest in the suit, either before or with the return; the affidavit may be included in the verified return.

Prior to, or in conjunction with the filing of return of service in any suit, the person verifying the return shall also file an affidavit that he or she is not a party to and has no interest in said suit. The affidavit may be part of the verified re- turn required by Rule 501.3 of the Texas Rules of Civil Procedure.

CRITICAL

Self-represented litigants must provide notice of filings to the other parties as required by Texas Rule of Civil Procedure 501.4.

You must read and follow the Local Rules and Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts. This includes, but is not limited to, providing notice of filings to other parties in your case as outlined in Rule 501.4 of the Texas Rules of Civil Procedure.

WARNING

A self-represented litigant is considered to have constructively received a mailed or delivered document if they fail to accept delivery or pick up mail addressed to their provided address; receipt may be established by specified delivery proof.

Failure to accept delivery or to pick up mail addressed to the address provided by a self-represented litigant will be considered constructive receipt of the mailed or delivered document and may be established by a postal service receipt for certified or registered mail or comparable proof of delivery.

INFO

A person may apply for written court authorization to serve citations and other notices, and the Court may authorize service upon approving the application.

A person wishing to be authorized by written order of the Court to serve citations and other notices may file a written affidavit in application for authorization on a form supplied by the Court or a similar suitable application. The Court may, upon approval of the application, authorize service by the applicant in all appropriate suits pending in that Justice Court.