In an asset forfeiture proceeding involving a vehicle registered in Mexico, how are you attempting service on the registered owner living in Mexico? Are you successful in serving the registered owner? I am starting to question my current procedures and would like to hear new ideas and thoughts. Thank you.

My current approach: you must comply with art. 59.04(b), i.e. serve notice in the same manner as in civil cases (T.R.C.P. 108 and 109). There is no exception to this requirement, since subsection (c) (vehicle registered in Texas) does not apply, nor does subsection (d). Bottom line: serve by publication. Now, figuring out how to pay the newspaper is another issue.

As I read Rule 109, I must first ATTEMPT to obtain personal service of the nonresident and the court shall inquire into the sufficiency of my diligence. Are you stating that you move straight into newspaper publication? I would love for it to be that easy but how do I answer the court about the diligence exercised in attempting service of the nonresident if the newspaper was my first step?

I rely on the second part of Rule 109 which only requires proof "that such defendant is absent from or is a nonresident of the State, and that the party applying for the citation has attempted to obtain personal service of nonresident notice as provided for in Rule 108, but has been unable to do so". Now, I suppose that it is really only a guess that the defendant is truly a nonresident, but I feel safe in signing an affidavit that he is and that service by certified mail was unsuccessfully attempted.

Rule 108 says the citation shall be the same as to a resident defendant. Rule 106 says service may be accomplished by personal service or by certified or registered mail. I have service sent to Mexico by registered mail. If this method is unsuccessful, I file a motion pursuant to Rule 109a for service by posting notice at the courthouse for 30 days, since this method is just as likely (unlikely?) to give a Mexico defendant actual notice as publication and much less expensive.