Service through the secretary of state is discussed at section 16.11:2 in this chapter. This affidavit establishes diligence in attempting service, to allow service on the Texas secretary of state.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Affidavit in Support of Service on Secretary of State
“My name is [name of affiant]. I am a private process server retained by [name of plaintiff’s law firm]. I am certified by the Texas Supreme Court to serve process, including citations in Texas. I am not a party to nor interested in the outcome of this suit. I am over the age of eighteen years and competent to make this affidavit.
“‘Defendant’ refers to [name of defendant].
“‘Registered Agent’ refers to [name of affiant].
“‘Registered Office’ refers to [registered office address for defendant].
“Most recent address of Defendant on file with Texas secretary of state is [address, city, state].
“I am a process server certified under supreme court order. I have personal knowledge of the matters stated herein, and this affidavit is true. I personally have attempted to serve Defendant by delivering the citation to Registered Agent at Defendant’s Registered Office. Registered Agent was unavailable, and I was unable to deliver the citation.
[Date] [time] [describe attempt at service]
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Repeat as necessary. |
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Include if applicable. |
“The following are my specific attempts at locations other than the registered office.
[Date] [time] [describe attempt at service]”
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Repeat as necessary. |
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Continue with the following. |
[Name of process server]
Process Server
[Texas certification number]
Certification Expires: [date]
SIGNED under oath before me on [date].
Notary Public, State of Texas