How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

How do I get the attorney for the respondent when I do service

This answer was rated:

How do I get the attorney for the respondent when I do service by publication in texas?
How long do I have to wait in Texas (Houston) before I go to court after the publication has been posted? Are there any affidavits I must file?
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Hi from Houston, neighbor.Are you the petitioner?





Customer: replied 7 years ago.
Yes I am the petitioner. I tried serving the respondent through a process server, but he was unable to serve him. They say that the respondent does not live at the address I provided, although I know he does.
What you have to do is to have the server try again - they might have to wait until they come home, etc.An alternative is to send them a certified piece of mail, with RRR.In the end, if they continue to resit, you take the affidavit of the server, and your returned certified mail, and go to the court and file a MOTION FOR SUBSTITUTE SERVICE and show them that they are plain refusing to be served. The Judge will then allow service by substitution, i.e. publication in court paper, and it will be done so, and they will be deemed to have served. Period. You can't hide forever, and the Courts know that some persons just try.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 7 years ago.

Who sends the certified mail? Me or the court? How will I know the respondent received the mail?

YOU do. And you show the RRR to the court to show proof of service. Certified mail with the return receipt requested has them SIGN the paper when they get the piece of mail. it's sent back to you, and you show it to court as proof of service.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 7 years ago.

I'm sorry I ask so much. Does the petition have to be certified or can it be just a copy? And last question. Do I have to notify the court that I am going to serve him by certified mail, or do I just do it on my own and then file the return receipt?

 

Thank you so much for helping.

No worries. It has to be certified - original! Go downstairs to the filing room in the family building, or the filing room in the civil building, to get an authentic copy. No, you do not have to notify the court HOW you serve him, but at the hearing, they will ask for proof - if they do take the certified mail, one you get the RRR back, you send a copy to the Court for proof.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Ely and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.

How long do I have to wait before I go to the judgment docket after I serve him through certified mail?

As soon as the RRR comes back unclaimed, you may motion for sub service. :)

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 7 years ago.
is it ok if for the return address I use my P.O. Box or does it have to be the address that I used on the petition (My home address). Thanks (this is definitely the last question.)
No worries :)No, the return adrs on the RRR doesn't matter, as long as it is tied to you. The Court cares if they are SERVED, period - all other details are secondary. :)

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 7 years ago.
Thank you appreciate your help and fast service. Will definitely contact again when I need futher advice.
Hehe cool. Enjoy the weather today in Houston (amazing, isn't it).