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:
- 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.
- 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.