Substituted service is discussed at section 16.7 in this chapter. This sworn statement establishes diligence in attempting service, to allow service on the Texas secretary of state.
Note: The amendment to rule 106 of the Texas Rules of Civil Procedure effective January 1, 2021, replaced the requirement of an affidavit with that of a statement sworn before a notary or made under penalty of perjury. See Tex. R. Civ. P. 106.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Statement in Support of Motion for Substituted Service
1.My name is [name of process server]. I am a private process server retained by [name of plaintiff’s law firm]. I am certified by the Judicial Branch Certification Commission to serve process, including citations in Texas. I am not a party to or interested in the outcome of this suit. I am over the age of eighteen years and competent to make this statement.
2.“Defendant” refers to [name of defendant].
3.“Stated Address” refers to [address where service was attempted].
4.I know that the Stated Address is a location where Defendant can probably be found because [state reason(s)].
5.I have personal knowledge of the matters stated herein, and this statement is true. I believe that service by posting at the front door of the Stated Address or by delivering process to someone over the age of sixteen years at that location will inform Defendant of the pending suit. I personally have attempted to serve Defendant by delivering the citation to Defendant as stated in [paragraph 6/paragraphs 6 and 7]. Defendant was unavailable, and I was unable to deliver the citation.
6.The following is my specific attempt to serve Defendant at the Stated Address. On the date indicated I went to the Stated Address with the results indicated.
[Date] [time] [describe attempt at service]
|
Include if applicable. |
7.The following are my specific attempts at locations other than the Stated Address.
[Date] [time] [describe attempt at service]
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Repeat as necessary. |
[Name of process server]
Process Server
[Texas certification number]
Certification Expires: [date]
SIGNED under oath before me on [date].
[Name of notary public]
Notary Public, State of Texas