Service On a Registered Agent in Another State

[tstein]

My question involves court procedures for the state of: Texas (Civil)

I plan to file a civil matter (pro se) in the local County Court at Law. I have a copy of O'Connors Texas Rules and their forms. A party I plan to name as a defendent is a nonresident corporation in California that regularly conducts business in my county.

The California SOS lists a agent of process for this corporation. In my petition, should I be listing the Texas Secretary of State as the agent of service? Or the agent in california?

Thanks for the help!

[KeyWestDan]

You serve the registered agent with the complaint and summons.

You should research long arm statutes and rulings in Texas and make sure that the Texas court can use long arm jurisdiction in your case. Every court must have subject matter jurisdiction and personal jurisdiction. If you don't do this first, you will be wasting your time and money.

They will object to the court's jurisdiction, and both sides will probably have to brief that issue. Be prepared in advance.

[LawResearcherMissy]

A party I plan to name as a defendent is a nonresident corporation in California that regularly conducts business in my county.

Who is their registered agent? That's who gets served.

[Mr. Knowitall]

You mean, under this statute?

A. The president and all vice presidents of the corporation and the registered agent of the corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the corporation may be served.

B. Whenever a corporation shall fail to appoint or maintain a registered agent in this State, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any process, notice, or demand shall be made by delivering to and leaving with him, or with the Deputy Secretary of State, or with any clerk having charge of the corporation department of his office, duplicate copies of such process, notice, or demand. In the event any such process, notice, or demand is served on the Secretary of State, he shall immediately cause one of the copies thereof to be forwarded by registered mail, addressed to the corporation at its registered office. Any service so had on the Secretary of State shall be returnable in not less than thirty (30) days.

C. The Secretary of State shall keep a record of all processes, notices and demands served upon him under this Article, and shall record therein the time of such service and his action with reference thereto.

D. Service of process, notice, or demand required or permitted by law to be served by a political subdivision of this state or by a person, including another political subdivision or an attorney, acting on behalf of a political subdivision in connection with the collection of a delinquent ad valorem tax may be served on a corporation whose corporate privileges are forfeited under Section 171.251, Tax Code, or is involuntarily dissolved under Article 7.01 of this Act by delivering the process, notice, or demand to any officer or director of the corporation, as listed in the most recent records of the secretary of state. If the officers or directors of the corporation are unknown or cannot be found, service on the corporation may be made in the same manner as service is made on unknown shareholders under law. Notwithstanding any disability or reinstatement of a corporation, service of process under this section is sufficient for a judgment against the corporation or a judgment in rem against any property to which the corporation holds title.

Nothing I can see in there authorizes service upon a registered agent of a different state.

[KeyWestDan]

If it is a foreign corporation you serve their registered agent in that state.

This is not to say that Texas courts will accept the long arm jurisdiction.

The universal rule is that you serve the registered agent. That is the entire purpose of a registered agent.

Texas statute's are concerned with service in Texas. Of course the statute isn't going to say anything about foreign service. That does not change the fact. Texas more liberal service (president, vp, etc.) only applies to service within Texas. Texas is not going to presume what other states want.

Serving the registered agent can never be wrong or inadequate service.

Mr. Knowitall, did you steal your name from WIRED Magazine? Perhaps that is a trademark violation.

Why are you trying to complicate a simple question?

P.S. I am CEO of a corporation that is a professional registered agent service in Florida.