According to Article 59.04(c) C.C.P. if we seize a vehicle and cannot serve the registered owner at the address on the vehicle registration, then we can have the citation posted at the courthouse door for not less than 30 days. If the owner does not answer after the notice has been posted then the state can take a default.

I requested the district clerks in two of my counties post notice for 30 days. Thirty days later when I attempted to have the court sign default judgments, the court did not think the language on the posted citation and/or the language on the officer's return were stated correctly and did not sign my judgment.

Both citations stated the defendant had to file an answer on the Monday next after the expiration of 42 days. Both of the officer's returns stated when the posting went on the door but not when the posting was removed from the door.

Is the 42 days after the Monday language correct? Chapter 59 does not mention that at all. Since I am unfamiliar with civil ciation rules is that standard even though it is not mentioned in Chapter 59? Chapter 59 makes it sound like we can take a default on day 31 after the posting.

My court wants me to create the language for a proper posting citation and officer's return. Will anyone please let me copy their form?

Thank you. My e-mail is allisonl@co.guadalupe.tx.us