When Is Another Person's Signature Sufficient For Legal Service

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Service of Process

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Service is "the formal delivery of a writ, summons, or other legal process or notice" according to Black's Law Lexicon. A number of Texas statutes designate the Secretarial assistant of State as a process agent, authorizing the Secretary of State to accept service on behalf of some other person. Statutes Designating Secretary of State as Procedure Agent.

In addition to the statutes designating the Secretarial assistant of State as process agent, the procedures for serving a person through the Secretary of State are governed by Rule 71.21 of the Secretarial assistant of State'due south administrative rules, the Texas Rules of Civil Procedure, the local court rules, and whatever other applicable constabulary.

Generally, service on the Secretary of Country may be made by:

A sheriff or constable
A person over eighteen years of age authorized by written order of the courtroom
A person certified under order of the Supreme Court
The clerk of the court in which the example is pending (by certified mail service, render receipt requested)
The party or the representative of the political party (by certified postal service, return receipt requested)
Whatever other person authorized by law

See Tex. R. Civ. Proc. Rule 103; Tex. Civ. Prac. & Rem. Code § 17.026.

Addresses for Service on the Secretary of State

The law generally requires service by hand commitment or by certified postal service, return receipt requested. Run into Tex. R. Civ. Proc. Rule 106; Tex. Civ. Prac. & Rem. Code § 17.026. The Secretary of State also accepts service by regular mail. You should review the applicative laws to ensure your chosen commitment method accomplishes proper service.

Certified or Regular Mail:
Service of Process
Secretary of Land
P.O. Box 12079
Austin, Texas 78711-2079

Commitment or Overnight Mail:
Service of Process
Secretary of Land
James E. Rudder Edifice
1019 Brazos, Room 105
Austin, Texas 78701

What to Submit to the Secretarial assistant of State

The accost of the person being served (typically the defendant in a civil instance).
- The Secretarial assistant of Land cannot determine the appropriate address.
- Only ane accost per duplicate set of documents and $55.00 fee.
Two copies of the documents existence served (originals are non required).
- Multiple documents to be served on the same person at the same address may be delivered to the Secretary of State together for ane fee.
- If delivered separately, multiple documents to be served on the same person at the aforementioned address will exist charged separately.
Payment of Fees. Tex. Govt. Code § 405.031(a)(1), (iv).

Maintenance of a record of the service of process, notice or demand and for forwarding the process, find, or need	$xl per person or party served
Certificate of service	$xv
Total (payable to Secretary of Land)	$55

Certificates of Service

Upon request and payment of the $15 certificate fee, the Secretarial assistant of State will event a document showing:

that service was accomplished;
that a re-create of the procedure was forwarded to the named person at the specified accost; and
the disposition of the mailing shown on the postal return receipt.

Certificates of service are typically issued upon completion of the Secretary of State's statutory mailing (i.e., upon receipt of return-receipt menu or returned process).
If no response has been received after 60 days, a certificate volition be issued reflecting that no response has been received.
Certificates are sent to the person requesting service; therefore, please provide this office with any alter of address.

Questions?

If yous need help determining what method of service is proper, the accost to which the Secretary of Country should deliver the documents being served, or answers to other legal questions, you should contact a private attorney.

Questions of the Secretary of Country may be directed to the Service of Process team by calling (512) 463-1662 or by email.