Filing Substitute Service Motion

Summary

To file a motion for substitute service in Texas, draft the motion detailing service attempts, attach an affidavit, and file with the court clerk. The affidavit can be from you or the constable. If approved, any non-party adult can serve the order.

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does the affidavit have to be mine or the constable who tried to serve?
The affidavit can be yours or the constable's. It needs to detail the efforts made to serve the defendant. If the constable tried to serve, their affidavit can provide additional credibility.
who can serve the order of substituted service to the defendant
In Texas, the order of substituted service can be served by any adult who is not a party to the lawsuit. This could be a process server, a sheriff, or a constable. It's important to follow all legal requirements for proper service.