Form 16-10

This letter should be sent to the officer or other person serving the secretary of state to be delivered to the secretary of state when process is served. If a private process server or court clerk serves citation, change letter accordingly. To ascertain the correct fee, contact the secretary of state’s administrative unit at 512-463-5560.

The record must show grounds for service on the secretary of state. Often, the grounds for service are that with reasonable diligence, the registered agent cannot be found at the registered office. See gener­ally section 16.11:2 in this chapter and Tex. Bus. Orgs. Code § 5.251. Pursuant to Tex. Bus. Orgs. Code § 5.253, the secretary of state shall forward process to the most recent address of the entity on file with the secretary of state. Instead of a return of service, a certificate from the secretary of state should be obtained. See the discussion about Whitney Certificates at section 16.11:2. “A certificate . . .
from the Secretary of State conclusively establishes that process was served. . . . ” Campus Invest­ments, Inc. v. Cullever, 144 S.W.3d 464, 466 (Tex. 2004). Service on the secretary of state can be accomplished by private process server, sheriff, constable, or clerk of the court. See Tex. R. Civ. P. 103.

For service pursuant to the Texas long-arm statute, see section 16.14. Request that the secretary of state forward process to the defendant at the defendant’s home or home office address. See Tex. Civ. Prac. & Rem. Code § 17.045(a) and section 16.14:2.

Letter to Secretary of State

[Date]

Secretary of State of Texas

Austin, Texas

HAND DELIVERY BY CONSTABLE, PRECINCT 1, TRAVIS COUNTY, TEXAS

Re:   [style of case]
Cause No. [number]
[designation and location of court]

[Salutation]

The person delivering this letter is also delivering duplicate copies of citation and the petition in the referenced cause, served on you based on the grounds stated in the petition, and a check for your fees for service and for a certificate of service.

Please forward the citation and petition to the defendant’s most recent address on file with the Texas secretary of state, which is [address, city, state].

The defendant’s home or home office address to which the citation and petition should be mailed is [address, city, state].

Please furnish the usual copy of your letter transmitting the process to the defendant. When the return receipt has been returned to you, please send us your service certificate in the enclosed addressed, stamped envelope, confirming service.

Thank you for your prompt and courteous attention to this matter.

Sincerely yours,

   
[Name]
Attorney for [name of defendant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

Enc.