This letter may be used if the plaintiff’s attorney prefers to send the citation to the sheriff or constable rather than having the clerk do so or having the clerk serve the citation and if he wants to see the officer’s return to check all documents for correctness. It is recommended that the citation be processed through the attorney’s office (see sections 16.6 and 16.8 in this chapter). Service by publication is discussed at section 16.16.
To ascertain the correct fee, contact the officer. In some cases, the clerk collects the officer’s fee (local practices vary); in such a case, it is unnecessary to send payment with this letter and that sentence should be deleted or modified.
It is good practice, although not required, to send the citation by certified mail to the officer, obtaining proof (by the green return card) that the officer received the citation.
Caveat: See section 16.16:6 concerning service of citation by publication by a sheriff, constable, or the court clerk under Tex. R. Civ. P. 116 and citation generally under Tex. R. Civ. P. 103. See Tex. R. Civ. P. 117 as to return of citation by publication.
Letter to Officer Transmitting Citation to Be Served by Publication
[Date]
[Name, title, and address of officer]
Re: [style of case]
Cause No. [number]
[designation and location of court]
[Salutation]
Enclosed is a citation in the referenced cause to be served by publication.
When the citation has been published for four consecutive weeks, please complete your return by inserting the hour and date of receipt, the title of the newspaper and county of its publication, and the dates of publication and by signing it in your official capacity. Please mail the completed return to me with a printed copy of the published citation in the enclosed addressed, stamped envelope.
My check for your fee is enclosed. If you have a question or need additional information, please telephone me (collect if long distance).
Thank you for your immediate attention to this matter.
Sincerely yours,
[Name of attorney]
Certified Mail No. [number]
Return Receipt Requested
Enc.