The show-cause notice, order, and motion should be personally served on the respondent rather than being mailed to him (see section 26.7:4 in this chapter), and the attorney should inspect the order and send it to the sheriff or constable rather than having the clerk do so. See section 27.13 regarding writs of execution. Additional information, such as directions to help locate the defendant, should be included in the motion for contempt to the extent feasible but could also be included in this cover letter, although the cover letter might get lost during processing. In addition, fees may be charged for services by sheriffs or constables. See Tex. Loc. Gov’t Code § 118.131. The officer should be contacted to determine the correct fee. In some counties, the clerk collects the fee; if so, it is unnecessary to send payment with this letter.
Letter to Officer Transmitting Show-Cause Notice, Order, and Motion for Personal Service
[Date]
[Name, title, and address of officer]
Re: Defendant: [name of defendant]
[style of case]
Cause No. [number]
[designation and location of court]
[Salutation]
Enclosed is a show-cause notice, order, and motion for contempt in the referenced cause.
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Include any appropriate special instructions. |
Please serve the respondent with a copy of the show-cause notice, order, and motion and complete your return on the original notice by inserting the hour and date of receipt, the hour and date of service, and the manner of service and by signing it in your official capacity.
Please mail the completed return to me 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 prompt attention to this matter.
Sincerely yours,
[Name of attorney]
Certified Mail No. [number]
Return Receipt Requested
Enc.