@Anonymous wrote:
This is in Texas. It's only $135.00. He is ready to pay, just want to make sure he goes the proper route.
According to Texas law, proper serving is defined as:
• Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by
1. delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
2. mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
• Upon motion supported by affidavit stating the location of the defendant ’s usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service
(1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit. (Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1, 1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.)How DID he get served? Or perhaps the best question is how did he know he'd been sued?
If you can get the judgment vacated on the basis of improper process/serving, he'd be in a position to pay the thing off with the plaintiff (if the plaintiff agrees to NOT go back to court) in exchange for sweeping the mess under the rug.
It'd be a win-win for the plaintiff -- he gets his money (which is all they wanted, anyway) AND doesn't have to go to the trouble of filing again and spending the day in court for a measley $135.
if you can't get it vacated, I don't know ... I don't think the plaintiff will agree to vacate the judgment in exchange for $135 ... it would require filing a motion and I don't think he'd think it was worth his time. After all, if you can't vacate on the grounds of improper serving, he has nothing to lose and $135 to gain regardless.
