Here's my issue: we've got three cars where we haven't been able to serve the registered owner at the address with TXDOT.

I came across 59.04(c) and filed a motion.

The Judges signed the motions, but the clerk doesn't know what language needs to go in the citation.

Could someone send me the language or a copy of one of y'alls?

Thanks in advance.

I have a more specific question.

59.04 says the citation must be posted for 30 days.

How long after the 30 days expires must I wait to file a default judgment?

It's 42 days, as dictated by Rule 114 of the Rules of Civil Procedure, right?

I really don't understand civil law at all. I'm sure Prof. Ragazzo would be happy to know it too.

Thanks again.

[This message was edited by RK on 07-17-08 at .]

Does anyone really understand civil law? Sometimes you just have to muddle through. I've used 59.04 a couple of times. I think you are fine to proceed after the notice has been posted for 42 days. I believe the 30 day posting period as analogous to the period between service of citation and the answer date. (The infamous "Monday next after expiration of twenty days from the date of service thereof...") If you want to bounce some ideas around, feel free to call me in the Civil Division of the Lubbock CDA's Office.

Yeah, I had all the same dreams: Put the bad guys away, proudly carry the torch of justice and sleep well at night. Now sit dazed & confused doing forfeitures along with my narcotics work. Oh, and the bonus no one spoke of would be that annual Attorney General report.

I believe Chp. 59 trumps some of civil procedure. For instance, I do not think you need a motion and order by the judge for service by posting under 59.04 for cars. I do think you would need permission in any other civil suit under the civil rules, but Chp. 59 says SHALL, so the law commands it without requiring a judge.