How do I serve through the Texas secretary of state?

The biggest issue that arises from service through the Secretary of State is that the service requires a total fee of at least $55:

  • Maintenance of a record of the service of process - $40 per person or party served
  • Certificate of service - $15.00 each

The check must be payable to the Secretary of State. You cannot have the clerk of court send the service directly to the office of the SOS because of the required third-party check to the Secretary of State.

So, to request service through the Texas Secretary of State, submit an eFiling in your normal method. Be sure to select the option, if the clerk provides it as an option, for service through the SOS so that two copies of the citation are requested. Then you have two options for the actual service:

  1. Have someone pick up the citations from the clerk's office, stick them in an envelope along with the citations and the $55 check and delivery the envelope to the office of the Texas Secretary of State.
  2. Request service by the constable's office and then contact the constable's office to provide the $55 check and arrange for them to deliver the service package for you.

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