Does a Texas Plaintiff Need to Publish Small Claims Court Filing Papers?

Question from L, Does a Texas Plaintiff Need to Publish Small Claims Court Filing Papers?

Answer from AI:

In Texas, when a plaintiff files a small claims case, there are specific rules regarding how the defendant must be notified. One method of notification is through publication in a newspaper, but this is typically used when the defendant cannot be located for personal service. Here’s a general overview of the process and requirements:

Service by Publication in Texas

Service by publication is a method used to notify a defendant of a lawsuit when the plaintiff cannot find the defendant to serve them personally. This method is considered a last resort and is governed by the Texas Rules of Civil Procedure.

When is Service by Publication Used?

Service by publication is used when:

• The defendant cannot be found after diligent efforts.
• The defendant is avoiding service.
• The defendant’s whereabouts are unknown.

Before resorting to service by publication, the plaintiff must demonstrate to the court that they have made diligent efforts to locate the defendant.

Requirements for Publication

According to the Texas Rules of Civil Procedure, Rule 116, the requirements for service by publication include:

1. The notice must be published in a newspaper of general circulation in the county where the lawsuit is filed.
2. The publication must occur once a week for four consecutive weeks.
3. The first publication must be at least 28 days before the return date stated in the notice.

Steps to Take for Service by Publication

If you need to serve a defendant by publication, follow these steps:

1. File a motion with the court requesting permission to serve by publication. Include an affidavit detailing your efforts to locate the defendant.
2. Obtain a court order authorizing service by publication.
3. Choose a newspaper of general circulation in the appropriate county.
4. Ensure the notice is published once a week for four consecutive weeks.
5. File proof of publication with the court, typically an affidavit from the newspaper.

Consulting a Legal Professional

Service by publication can be complex, and it is crucial to follow the rules precisely to ensure the court accepts the service. If you are unsure about any part of the process, it is advisable to consult with a legal professional. They can provide personalized advice and ensure that all legal requirements are met.

For more detailed information, you can refer to the [Texas Rules of Civil Procedure](https://www.txcourts.gov/rules-forms/rules-standards/).

Remember, this information is a general guide and not a substitute for professional legal advice. Always consult with a qualified attorney for specific legal issues.