How to Serve a Business Entity

Yes. Each business entity named as a defendant in your petition (the form you file to start your case) must be served with the initial court papers. If you are suing a person instead of a business, you need to have that person served directly. Read the article How to Serve the Initial Court Papers (Family Law) to learn about serving a person directly.

If the business is not served correctly, the court can dismiss your case or refuse to enter a judgment.

Most often to serve a business, you must serve the business’s registered agent.

A registered agent is someone authorized to receive legal notices (like a citation for a lawsuit) for the business. Most Texas businesses (corporations, LLCs, and other filing entities) are required by law to have a registered agent.

The type of business may affect who needs to be served.

For example, to serve a defendant corporation, the corporation’s president or vice president can also be served along with or instead of the registered agent. If the defendant is an LLC, the manager can also be served in addition to the registered agent. You should find out what type of business entity the business is to make sure the proper people are served.

Texas Civil Practice and Remedies Code Chapter 17 identifies specific people to serve when a business entity is the defendant. Harris County Justice of the Peace, Precinct 1, Place 2 has a one-page document explaining who to serve for different business entities on the court forms page.

There are three ways to find out what type of entity a business is:

1. Go to your local Assumed Names Records with your County Clerk’s office.
2. Contact the Corporate Division of the Secretary of State. Their phone number is 512-463-5555 or visit their Help Desk online.
3. Contact the Office of the State Comptroller at 800-252-1386.

There are two online search tools available to use:

1. SOS Portal available on the Texas Secretary of State website.

   There is a $1 fee for each search. If you already know the legal name of the address, it will be easier to find what you need.

2. Franchise Tax Account Status search available on the Texas Comptroller website.

   This is free, but the information may differ from what is shown on the SOS Portal. Use this tool to check details before searching on SOS Portal.

The business must be served with the “initial court papers,” which include:

• the citation (you can create your own or ask the court clerk to give you a form with the information you need),
• a copy of your petition (the form you file to start your case), and
• a copy of any other forms you file with your petition.

No. You must arrange for a constable, sheriff, or private process server to serve the initial court papers. You may need to ask the district clerk to issue the citation so that you can give it to a constable, sheriff, or private process server.

Personal Service

This method is best.

The constable, sheriff, or private process server will:

• deliver the initial court papers in person to the registered agent at the registered office; and
• complete a Return of Service form that says when and where the defendant was served; and
• file the completed Return of Service with the court or send it to you to file with the court. (The Return of Service is proof the defendant was served.)

The business’s agent will not have to sign anything.

See Texas Rules of Civil Procedure, Rule 106(a)(1).

Service by Registered or Certified Mail, Return Receipt Requested

The clerk (or constable) will:

• mail the initial court papers to the registered agent by registered or certified mail, return receipt requested; and
• if the return receipt (or “green card”) is signed by the agent and returned to the clerk, the clerk (or constable) will complete a Return of Service form that says when and where the agent was served, and
• file the completed Return of Service with the court or send it to you to file.

See Texas Rules of Civil Procedure, Rule 106(a)(2).

Getting the defendant served can be complicated. If you have questions, talk to a lawyer.

You can serve the businesses' registered agent through the Texas Secretary of State by regular mail or hand delivery.

This can only be done under special circumstances. If the business doesn’t have a registered agent or the registered agent cannot be found after looking hard at the listed registered office, you may be able to serve process through the Texas Secretary of State. This is a last resort.

If you cannot find the registered agent, the Texas Secretary of State becomes the agent for service of process. You will have to serve the Secretary of State by hand delivery or certified mail, return receipt requested. After the Secretary of State accepts service, it will forward the papers to the business address you provide.

As a general rule, only the initial filing papers (such as the petition) need to be served by a constable, sheriff, private process server, or court clerk. You can serve the rest of the papers yourself.

Send a copy of any papers you file in the case to each defendant. If a defendant has a lawyer, send a copy to the lawyer instead. You can use any of these delivery methods:

• Hand delivery,
• Email,
• Regular mail or certified mail, return receipt requested,
• Commercial delivery service (for example FedEx),
• Fax, and

• Electronic service through the electronic filing manager.

  (Note: The electronic service method is required if you electronically file (efile) the Petition, and the email address of the defendant or the defendant’s lawyer is on file with the electronic file manager.)

Exception: If you file an amended petition and the defendant has not filed an answer, you must:

• ask the clerk to reissue the citation and attach a copy of your amended petition, and
• arrange for the defendant to be served by a constable, sheriff, or private process server (with the new citation and amended petition).

Only as a last resort if serving a registered agent or through the Texas Secretary of State is unsuccessful. It is not recommended. Courts are more likely to approve alternate service by email to a verified business address or service on a known officer through electronic means. Substituted service through social media is authorized under Texas Civil Practice and Remedies Code 17.033.

Important: You must get the court’s permission to serve a business or anyone else through social media.

To learn more, read the article Service by Social Media.