Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I received a citation for foreclosure through regular mail. I did not sign for the certified copy and the USPS receipt shows it being returned to Sender. This is in the state of Texas. The citation was submitted on 11/7 and signed by court clerk/deputy on 11/9 and handed to USPS the same day. This is a home equity loan.
1. Was I served properly with this citation as I did not sign/receive the certified mailing?
2. If so, what is my filing dead line for an answer?
The citation states: “If you, or your attorney, do not file a written answer with the clerk who issued this citation by 10am on the 1st monday following the expiration of 38 days from the date the citation was placed in the custody of the US postal Service, a default judgment may be taken against you”‘
The procedures for serving citations vary somewhat from place to place. However, more important than the question whether service was proper is what difference does it make? Assume for the moment that the service was not proper; how will that help you? You might be able to get the foreclosure set aside for improper service . . . after you’ve already been kicked out of your house. And then again, you might not. That isn’t a risk that most people would want to take, so I’d explore other options for dealing with this foreclosure.
As for the deadline, again procedures vary from place to place. But it seems like you would start from the date of mailing, count 38 days, and find the next Monday. However, nothing happens instantaneously, so you don’t want to wait until the last minute, even if you are calculating it correctly.
