What Is a Waiver of Service in Texas?

Every person on the receiving end of a lawsuit in Texas is entitled to personal service of a copy of the original filing or filings in that lawsuit. This includes a divorce in Texas.

Personal service is commonly referred to as a person being “served.” Being served consists of a constable or a private process server coming up to you, saying your name, and asking for you to confirm that you are that person. The process server will hand you a copy of the documents and state, “you have been served with a lawsuit”. It is a very simple and quick process and not something a person should fear or dread.

A person can waive this right to be personally served with a copy of the lawsuit by executing a Waiver of Service. However, I strongly advise all litigants to not sign a Waiver of Service as there can be additionally clauses included in the waiver of service that will affect a person’s rights in relation to the divorce or other court proceedings. The waiver of service is executed in the presence of a notary, notarized, and then filed with the Court.

The following is language contained in a Waiver of Service in a divorce proceeding in Texas:

“I acknowledge that I have been provided a file-marked copy of the Original Petition for Divorce filed in this case. I have read and understand the contents of that document.

I understand that the Texas Rules of Civil Procedure require, in most instances, that a party or respondent be served with citation. I do not want to be served with citation, and I waive the issuance and service of citation.

I understand that I have a duty to notify the attorney for Petitioner if I change my address. I understand that, unless I notify the attorney for Petitioner of any such change in writing, any notices that I might otherwise be entitled to receive with regard to disposition of this proceeding will be forwarded to me at the address indicated below.

I further state that the following information is correct and that my-
Mailing address is: _________________________________________________
Telephone number is: _______________________________________________
Social Security number is: ___________________________________________
Driver's license number and issuing state are: ___________________, Texas

I further understand that I have a duty to notify the Court if my mailing address changes during this proceeding."

Trackbacks (0) Links to blogs that reference this article Trackback URL
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.

Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.