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Chapter 8

Form 8-19

This affidavit is to be made by the person who has unsuccessfully attempted service by personal deliv­ery or by mail. See the practice notes at section 8.58 concerning affidavits generally.

An unsworn declaration may be used in place of an affidavit. See section 8.58 and form 8-27.

Include the following notice if a minor is named in the caption, if the home address is stated in the affidavit, or if the affidavit contains other unredacted sensitive data. See § 6 of the Introduction in vol­ume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Affidavit of Attempted Personal Service

[Name] appeared in person before me today and stated under oath:

“My name is [name of affiant]. I am above the age of eighteen years, and I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.

“I have attempted to serve [name of person entitled to citation] in this case personally or by [registered/certified] mail at the address[es] and on the days and times shown below:

1.Respondent’s home address:

2.Respondent’s work address:

3.Dates and times of attempted service: [specify for each attempt the date, the time, the type of service, the address, and the result].

“I am qualified to serve process in this case as required under rule 103, Texas Rules of Civil Procedure.”

   
Affiant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas