Section 8.255 – Delivery Of Notice Of Application For Writ Of Withholding; Time Of Delivery

May 14, 2021 | Family Law, Texas

(a) The party who files a notice of application for a writ of withholding shall deliver the notice to the obligor by:

(1) first-class or certified mail, return receipt requested, addressed to the obligor’s last known address or place of employment; or
(2) service of citation as in civil cases generally.
(b) If the notice is delivered by mail, the party who filed the notice shall file with the court a certificate stating the name, address, and date the party mailed the notice.
(c) The notice is considered to have been received by the obligor:

(1) on the date of receipt, if the notice was mailed by certified mail;
(2) on the 10th day after the date the notice was mailed, if the notice was mailed by first-class mail; or
(3) on the date of service, if the notice was delivered by service of citation.

Tex. Fam. Code ยง 8.255

Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.