What If A Person Refuses To Accept Service Of Process By The Constable In Texas
Service of Process
Service is "the formal commitment of a writ, summons, or other legal process or detect" co-ordinate to Black'south Law Lexicon. A number of Texas statutes designate the Secretary of Country as a procedure agent, authorizing the Secretary of State to accept service on behalf of another person. Statutes Designating Secretarial assistant of State as Process Agent.
In addition to the statutes designating the Secretary of Country as procedure amanuensis, the procedures for serving a person through the Secretary of Country are governed by Rule 71.21 of the Secretarial assistant of Land's administrative rules, the Texas Rules of Civil Procedure, the local court rules, and any other applicable police.
Mostly, service on the Secretarial assistant of Land may exist made past:
- A sheriff or lawman
- A person over 18 years of historic period authorized by written order of the court
- A person certified under order of the Supreme Court
- The clerk of the court in which the instance is awaiting (past certified mail service, return receipt requested)
- The political party or the representative of the party (past certified mail, return receipt requested)
- Whatsoever other person authorized past police force
See Tex. R. Civ. Proc. Rule 103; Tex. Civ. Prac. & Rem. Code § 17.026.
Addresses for Service on the Secretary of Land
The police force more often than not requires service by paw delivery or past certified mail, render receipt requested. Run into Tex. R. Civ. Proc. Rule 106; Tex. Civ. Prac. & Rem. Lawmaking § 17.026. The Secretary of Land besides accepts service by regular mail. Y'all should review the applicable laws to ensure your chosen delivery method accomplishes proper service.
| Certified or Regular Post: Service of Process Secretary of State P.O. Box 12079 Austin, Texas 78711-2079 | Delivery or Overnight Postal service: Service of Process Secretary of State James E. Rudder Building 1019 Brazos, Room 105 Austin, Texas 78701 |
What to Submit to the Secretary of State
- The address of the person being served (typically the defendant in a ceremonious case).
- The Secretary of Country cannot determine the advisable address.
- Only i address per duplicate set up of documents and $55.00 fee.
- Two copies of the documents being served (originals are not required).
- Multiple documents to be served on the same person at the same address may exist delivered to the Secretary of State together for ane fee.
- If delivered separately, multiple documents to be served on the aforementioned person at the same address will be charged separately.
- Payment of Fees. Tex. Govt. Code § 405.031(a)(1), (4).
| Maintenance of a record of the service of procedure, notice or demand and for forwarding the procedure, detect, or demand | $forty per person or party served |
| Document of service | $15 |
| Total (payable to Secretary of State) | $55 |
Certificates of Service
Upon request and payment of the $xv certificate fee, the Secretary of Land will consequence a certificate showing:
- that service was accomplished;
- that a copy of the procedure was forwarded to the named person at the specified address; and
- the disposition of the mailing shown on the postal return receipt.
- Certificates of service are typically issued upon completion of the Secretarial assistant of State'south statutory mailing (i.e., upon receipt of return-receipt carte du jour or returned process).
- If no response has been received after 60 days, a certificate will be issued reflecting that no response has been received.
- Certificates are sent to the person requesting service; therefore, delight provide this function with any change of address.
Questions?
If you lot demand help determining what method of service is proper, the accost to which the Secretary of State should deliver the documents existence served, or answers to other legal questions, you should contact a private chaser.
Questions of the Secretarial assistant of Land may be directed to the Service of Process team by calling (512) 463-1662 or by email.
Source: https://www.sos.state.tx.us/corp/service-of-process.shtml
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