Fraud Documentation Checklist

How to Gather and Preserve Evidence of Custody Fraud in Texas

SAFE SAPCR Texas — safesapcrtx.org

When to Use This Checklist

Use this checklist if you suspect fraud occurred in your Texas custody case, such as:

A false Certificate of Last Known Address was filed
You were served at an address where you did not live
Service by publication was used when the petitioner knew your address
A default judgment was entered without your knowledge
An attorney made false statements to the court

This evidence may be used in a Bill of Review, State Bar grievance, criminal complaint, or legislative testimony.

1. Obtain Court Records

Get the full case file from the district clerkRequest a complete certified copy of the case file. This is a public record. Note the cause number, court, and filing dates.

Obtain the Original PetitionNote what was alleged about your address, your relationship with the child, and the relief requested.

Obtain the Citation and Return of ServiceNote the address where service was attempted/completed, the date, the method, and who performed service.

Obtain the Certificate of Last Known Address (TRCP Rule 239a)This is the written certification the attorney filed stating your last known address. Compare it to your actual address.

Obtain the Default JudgmentNote the date, what was ordered, and whether you appeared or were represented.

Obtain any Affidavit of Diligent SearchIf service by publication was used, check whether a diligent search affidavit was filed and what it claims was done to locate you.

Check the court's docket sheetReview every entry for hearing dates, filings, and orders. Note anything you were not notified about.

Tip: Many Texas counties now offer online case access. Check your county's district clerk website for electronic records. You can also request records in person or by mail.

2. Prove Your Actual Address

Lease or mortgage documentsShowing your address at the time of the filing and service.

Utility bills (electric, water, gas, internet)Bills in your name at your actual address during the relevant time period.

USPS mail delivery records / Change of Address confirmationRequest a letter carrier statement or USPS records if you had mail forwarding active.

Voter registration recordsShows your registered address. Available from the county voter registrar.

Driver's license / State ID recordsYour address on file with the Texas DPS. Request a certified driving record.

Employer recordsW-2 forms, HR records, or pay stubs showing your address.

Bank and financial statementsStatements mailed to your address during the relevant period.

School records (if applicable)If your child was enrolled at a school near your actual address, these records help establish where you lived.

3. Establish the Attorney Knew Your Real Address

Prior personal service recordsIf the attorney previously had you served at your real address, this proves they knew where you lived.

Communications from the attorney or opposing partyEmails, texts, letters, or voicemails sent to your real address or referencing it.

Other court filings listing your correct addressCheck if other filings in the same case or related cases used your real address.

Social media or public records showing your addressIf your address was publicly available and easily discoverable, it undermines any claim of diligent search.

Timeline showing when the attorney learned your addressCreate a dated timeline showing when and how the attorney obtained your real address vs. when the false certificate was filed.

Important: Under Texas law, extrinsic fraud occurs when a party is prevented from participating in a case through deception. Filing a knowingly false Certificate of Last Known Address is a textbook example. See What Is Extrinsic Fraud?

4. Document the Impact

Record when you first learned about the case or judgmentNote the exact date and how you found out. This is critical for Bill of Review timing.

Document lost contact with your childDates, duration, and circumstances of any separation caused by the fraudulent judgment.

Document financial harmAttorney fees, lost wages, travel costs, and other expenses caused by the fraud.

Write a detailed declaration of factsA chronological narrative of events in your own words. Date it and keep it updated.

5. Preserve and Organize Evidence

Make multiple copies of everythingKeep originals in a secure location. Make digital scans and physical copies.

Create a master evidence timelineA chronological list of every relevant event with the supporting document referenced for each entry.

Label and organize by categoryCategories: Court Records, Address Proof, Attorney Knowledge, Communications, Impact Documentation.

Store digital copies securelyUse encrypted cloud storage or a secure USB drive. Email copies to yourself as a backup.

Preservation: Never alter original documents. If you need to highlight or annotate, work on copies. Courts require authentic, unaltered originals.

6. Where to File Complaints

State Bar of Texas GrievanceFile at texasbar.com/grievances. Include your evidence of the attorney's false filing.

Bill of Review with the courtFile within 4 years of the judgment. Must prove: meritorious defense, fraud/accident/wrongful act, and no negligence on your part.

Criminal complaint to the District AttorneyFiling a false court document may constitute a criminal offense under Texas Penal Code (tampering with government record, perjury).

Judicial Conduct Commission (if a judge was involved)File with the Texas State Commission on Judicial Conduct if a judge participated in or ignored the fraud.