§ 17.028.Service on Financial Institutions

A 2007 provision, amended in 2013, addressing a recurring problem: process served on a bank branch employee who has no idea what to do with it.

"Financial institution" takes its meaning from Section 201.101 of the Finance Code. Citation may be served by serving the registered agent — or, if there is no registered agent, by serving the president or a branch manager at any office located in this state.

The registered agent comes first. Serving a branch manager is a fallback available only when no registered agent exists, not an alternative the plaintiff may prefer.

Credit unions have their own rule. Service is on the registered agent, or if there is none, on the president or vice president — not a branch manager.

Subsection (d) is the enforcement mechanism. If citation has not been properly served as provided by the section, the financial institution may maintain an action to set aside the default judgment or any sanctions entered against it. The remedy is stated in the statute rather than left to general default practice.

Subsection (e) is unusual and specific: a citation served on a credit union located in a place of worship may not be served during a worship service. Some credit unions operate from church premises, and the provision keeps process serving out of services.

Subsection (f) redirects a different question. Service on and delivery to a financial institution of claims against a customer — garnishments and similar process reaching a depositor's account — are governed by Section 59.008 of the Finance Code, not by this section.