Clauses for Party Designation—Individual as Defendant
Nonresident Individual Not Required to Have Registered Agent, Having Texas Resident as Person in Charge of Business (Long-Arm Service)
1
Defendant is [name of defendant], a resident of the state of [state], who resides at [address, city, state]. Because Defendant engages in business in Texas and has done so at all material times but is not required to designate or maintain an agent in this state and has not done so, service on Defendant should be made by serving [name of defendant’s person in charge in Texas], who will be in charge of Defendant’s business in Texas at the time of service, at [address, city], Texas. [Include other information and addresses that may be helpful in obtaining service.] A true copy of the process, together with notice of service, will be sent by registered mail, return receipt requested, to Defendant’s principal place of business at [address, city, state]. Plaintiff’s cause of action arose from or is connected with one or more transactions with Defendant that occurred or were consummated in Texas, as more particularly described in this pleading and any included exhibits.
Nonresident Individual Having Neither Regular Place of Business nor Registered Agent in Texas (Long-Arm Service)
2
Defendant, [name of defendant], a resident of the state of [state], engages in business in Texas and has done so at all material times but does not maintain a place of regular business in Texas or a designated agent on whom process can be served. Service on Defendant, therefore, should be made by serving Defendant’s statutory agent for service of process, the Secretary of State of Texas, at Service of Process, Secretary of State, P.O. Box 12079, Austin, TX 78711-2079, and forwarded to Defendant’s home or home office, [address]. Plaintiff’s cause of action arose from or is connected with one or more transactions with Defendant that occurred or were consummated in Texas, as more particularly described in this pleading and any included exhibits.
Individual Using Assumed Name
3
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If the defendant operates under an assumed name, include the following sentence after the description of the defendant selected from those above. |
Defendant is doing business as [assumed name of defendant].