Hunt County Justice of the Peace Court Service and Proof of Service Rules

CRITICALCivil cases

Service

Mail

A copy of the citation, petition, and order must be sent to the defendant at the authorized address by both registered mail with return receipt requested and regular mail.

1. A copy of the citation, petition, and this Order shall be mailed by BOTH registered mail return receipt requested, AND by regular mail to the Defendant at the same address’s at which service is authorized above.

CRITICAL

If an ex parte request lacks evidence showing why it is necessary, it will be denied and notice of the hearing must be sent to the debtor.

Any ex parte request absent evidence demonstrating why ex parte is necessary will be denied and require notice of hearing be sent to the debtor.

CRITICALCivil cases

One alternative-service method is first-class mailing to the defendant at the property and leaving the citation and petition there with a person at least 16 years old.

a. Mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at property, and also leaving a copy of the citation and petition with any person found there who is at least (16) years of age; OR

CRITICALCivil cases

The return of service must otherwise be made in accordance with TRCP Rule 501.

The return of service of the person executing service pursuant shall otherwise be made accordance with TRCP Rule 501.

CRITICALCivil cases

Another alternative-service method is first-class mailing to a specified address and affixing the citation and petition to the property's front entryway or, if fenced and gated, to the gate.

b. Mailing a copy of the citation with a copy of the petition attached by first class mail to the defendant at a specified address, and by affixing to the front entry way of property or if property is surrounded by a fence and gate, by affixing to the gate of said property.

CRITICAL

The debtor must receive notice of the hearing unless an evidence-based showing establishes why ex parte proceedings are necessary.

These Justice Courts, absent an evidence based showing as to why ex parte is necessary, will require notice of hearing be sent to the debtor;

CRITICALCivil cases

Photos must be taken of the place of service and vehicles there, and a skip trace of the defendant must be obtained.

5. Photos to be taken at the place of service, vehicles at the place of service, and a skip trace of defendant.

CRITICALCivil cases

To arrange citation service by an appropriate County Constable, the plaintiff must provide the court the county, constable’s name and address, and service-fee information.

Plaintiff must provide the following information to the court to have the citation served by the appropriate County Constable. 1. Name of County for Service 2. Appropriate County Constable Serving Citation 3. Appropriate County Constable’s Full Address 4. Appropriate County Constable’s Service Fee 5. Service Fee Provided to this Court in form of Money Order or Cashier’s Check made out to the Appropriate County Constable

CRITICALCivil cases

The return of service must not be made until 30 days after mailing or until the process server receives tracking or delivery information back from the post office, whichever occurs earlier.

2. The return of service shall not be made until 30 days after mailing or until the process server receives back from the post office tracking and/or delivery, whichever date is earlier.

CRITICALCivil cases

Applies to

Return of service

The return of service by the person executing service must otherwise comply with TRCP Rule 501.

The return of service of the person executing service pursuant shall otherwise be made accordance with TRCP Rule 501.

CRITICAL

The submitting party must provide evidence to all parties or the evidence will not be allowed at trial.

It is the responsibility of the submitting party to submit evidence to all parties to the suit if not the evidence will not be allowed during trial.

CRITICALCivil cases

Service is not perfected unless photographs are taken at the service location and of vehicles there, and a skip trace of the defendant is obtained.

The service made by the abovementioned shall not be deemed perfected unless it also complies with the following provisions: 1. Photos to be taken at the place of service, vehicles at the place of service, and a skip trace of defendant.

CRITICALCivil cases

Alternative service is not perfected unless it also complies with the following listed provisions.

The service made by the abovementioned shall not be deemed perfected unless it also complies with the following provisions:

INFOCivil cases

Service

Personal service

Service may be made on the defendant at the address in the citation by a person over sixteen years old.

Service of process may be made upon defendant at the address in the citation, with anyone over sixteen (16) years of age.

INFOCivil cases

Service

Mail

The court will mail the service-fee payment and citation to the appropriate County Constable.

The court will mail money order/cashier’s check along with citation to the Appropriate County Constable for service of citation.