· 12/19/2013
Paramount Credit Inc., D/B/A 5 Star Autoplex v. Kimberly Montgomery
Citations
- 420 S.W.3d 226
- 2013 WL 6699497
- 2013 Tex. App. LEXIS 15289
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating service through the Texas Secretary of State is inappropriate where reasonable diligence is not evident from the record “even if a corporation has failed to designate and maintain a registered agent and registered office”
- “We have previously held that one attempt at service constitutes reasonable diligence when it is clear from the record that further attempts would be futile.”
- if the record before the trial court does not affirmatively show, at the time that default judgment is requested, that the defendant has appeared, was properly served, or waived service in writing, the trial court lacks personal 9 jurisdiction over the defendant.
- where process server’s affidavit was unclear regarding what attempts he made to serve the defendant’s registered agent at his registered address, the record did not reflect that plaintiff used reasonable diligence in attempting to serve process on the agent prior to serving Secretary of State
- strict 11 compliance with diligence requirement is required
Source: CourtListener parenthetical corpus (CC0).
Judges: Keyes, Higley, Massengale
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.