Service by publication is not recommended. See section 16.16:1 in this chapter. Service by publication is discussed at section 16.16 in this chapter. Only the alternative grounds most likely to be used in a collection suit are presented here as options.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the original petition. |
Affidavit for Citation by Publication
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“I am the [Plaintiff/[title of affiant, e.g., credit manager and duly authorized agent for Plaintiff]/attorney of record for Plaintiff] in this cause.
“This affidavit is made to authorize the clerk of this Court to issue citation for Defendant, [name of defendant], by publication, in accordance with rule 109 of the Texas Rules of Civil Procedure.
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Include a statement of facts on which the affidavit is based. The following paragraph is a sample of fact allegations; the actual allegations must be drafted to fit the fact situation. |
“Mail sent to all of Defendant’s known home or home office addresses has been returned with the notation that Defendant has moved and left no forwarding address. Persons at Defendant’s last known residence and business addresses have told me that they do not know Defendant’s whereabouts or forwarding address. The Texas Department of Public Safety has told me that [address, city, state], Defendant’s last residence address known to me, is the address for Defendant still shown on its records.
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Select one of the following. |
“Defendant’s residence is unknown to me [include if the affiant is an agent or attorney: and to Plaintiff]. After using due diligence, as described above, [I/Plaintiff and I] have been unable to learn Defendant’s whereabouts.”
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Or |
“Defendant is a transient. After using due diligence, as described above, [I/Plaintiff and I] have been unable to learn Defendant’s whereabouts.”
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Or |
“Defendant is absent from Texas, and, as described above, Plaintiff has attempted to obtain personal service as provided for by rule 108 of the Texas Rules of Civil Procedure but has been unable to do so.”
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Or |
“Defendant is not a resident of Texas, and Plaintiff has attempted to obtain personal service of nonresident notice on Defendant as provided for by rule 108 of the Texas Rules of Civil Procedure but has been unable to do so.”
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Or |
“Defendant is absent from Texas, is not within the United States, and is not in the armed forces of the United States, and, as described above, Plaintiff has attempted to obtain personal service of nonresident notice on Defendant as provided for by rule 108 of the Texas Rules of Civil Procedure but has been unable to do so.”
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Continue with the following. |
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas
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File the executed affidavit, using the transmittal letter at form |