Substituted service is discussed at section 16.7 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 Motion for Substituted Service
by Certified Process Server
“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].
“‘Stated Address’ refers to [address where service was attempted].
“I know that the Stated Address is Defendant’s usual place of [business/abode] because [state reason].
“I have personal knowledge of the matters stated herein, and this affidavit 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 the Defendant by delivering the citation to the Defendant as stated in paragraphs 6 and 7. The Defendant was unavailable, and I was unable to deliver the citation.
“The following are my specific attempts to serve Defendant at the Stated Address. On the dates indicated I went to the Stated Address with the results indicated.
[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 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