Legal Question in Credit and Debt Law in Texas

Correct Service of Subpeona Duces Tecum
This is a debt case wherein a judgement was already entered against us. I received what was entitled a ''Notice of Intention To Take Deposition With Subpeona Duces Tecum'', stating time, place and documents requested, which said at the bottom: ''This Notice is issued with a Subpeona Duces Tecum. Forgive my ignorance, but should there be a separate document that is the actual Subpeona Duces Tecum? Also, this was sent by Certified Mail. My 2nd question is: Should it have been served in person as described in TRCP Rule 176.5 for subpeonas? If so, and a improper method of service was used, what should be my action, or response? The deposition is scheduled Sept. 29th. Thank you!

Asked on 9/24/08, 2:28 am

TC Langford Langford Law Office

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Re: Correct Service of Subpeona Duces Tecum

Certified mail is an acceptable method of serving a deposition notice. The subpoena language is normally included in the notice.

Answered on 9/25/08, 2:59 pm

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