2401.doc - Questions Contact the Service of Process Team at(512 463-5560 or [email protected] Information on Service of Process on the

2401.doc - Questions Contact the Service of Process Team...

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Information on Service of Process on the Secretary of State This information is not a substitute for the advice and services of an attorney. Service is “the formal delivery of a writ, summons, or other legal process or notice.” Black’s Law Dictionary. A number of Texas statutes (listed below) designate the Secretary of State as a process agent, that is, authorize the Secretary of State to accept service on behalf of another. In addition to the statutes designating the Secretary of State as process agent, the procedures for serving a person through the Secretary of State are governed by Rule 71.21 of the Secretary of State’s administrative rules, the Texas Rules of Civil Procedure, the local court rules, and any other applicable law. Generally, service on the Secretary of State may be made by: A sheriff or constable A person over 18 years of age authorized by written order of the court A person certified under order of the Supreme Court The clerk of the court in which the case is pending (by certified mail, return receipt requested) The party or the representative of the party (by certified mail, return receipt requested) Any other person authorized by law See Tex. R. Civ. Proc. Rule 103; Tex. Civ. Prac. & Rem. Code § 17.026.
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