Texas Civil Practice and Remedies Code 17.065 – Failed Substituted Service
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(a) If the notice of service on the chairman cannot be effected by registered or certified mail or if the nonresident or agent refuses to accept delivery of the notice, the plaintiff may have the defendant personally served with a certified copy of the process and a notice stating that the chairman has been served and the date on which he was served.
(b) The return of service under this section must:
(1) state when it was served;
(2) state on whom it was served; and
(3) be signed under penalty of perjury by the party making the service.
Terms Used In Texas Civil Practice and Remedies Code 17.065
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) The process and notice may be served by any disinterested person competent to make an oath that the process and notice were served.