# Serving a nonresident through the Secretary of State Source: https://www.jhenrylaw.com/mechanism/nonresident-service-secretary-of-state/ Author: John P. Henry, John Henry & Associates, PLLC Reviewed: 2026-08-02 **Tex. Civ. Prac. & Rem. Code § 17.044(b), § 17.045** ## How do you serve an out-of-state defendant that does business in Texas? Serve the Secretary of State, who forwards process to the nonresident by registered or certified mail and issues a certificate. It is available against a nonresident who engages in business in Texas but maintains no regular place of business and no designated agent here, in a proceeding arising out of that business. What kills these judgments is not the mailing — it is the pleading. > The secretary of state is an agent for service of process on a nonresident who engages in business in this state, but does not maintain a regular place of business in this state or a designated agent for service of process, in any proceeding that arises out of the business done in this state and to which the nonresident is a party. — Tex. Civ. Prac. & Rem. Code § 17.044(b) ## When it applies The out-of-state company that signed a Texas contract, took Texas orders, or agreed to a Texas forum, and then declined to appear. In a volume docket it is the ordinary route rather than the exception. ## How it is proved up 1. Plead the statute’s facts affirmatively: that the defendant is a nonresident, engaged in business in Texas, that the suit arises out of that business, and that it maintains no regular place of business and no designated agent here. There are no presumptions of valid service on direct attack, and the pleading is what brings the defendant within the statute. 2. Plead the home or home office address. The Secretary forwards to the address you supply, and § 17.045 makes that address part of the statutory scheme rather than a clerical detail. 3. Amend and take a fresh citation directed to the Secretary. You do not serve the Secretary on the original citation, and this is the step most files skip. 4. Send duplicate copies with the fee, and keep the transmittal. The Secretary’s certificate is conclusive that process was received and forwarded, absent fraud or mistake. 5. File the certificate before taking a default, and check the return has been on file ten days under Tex. R. Civ. P. 107(h). ## What defeats it - A petition that never alleges the jurisdictional facts, which is the classic defect and shows on the face of the record for six months afterwards. - A forwarding address that is not the statutory one. In Shamrock Enterprises, LLC v. Top Notch Movers, LLC, No. 24-0581 (Tex. Jan. 16, 2026), the Supreme Court reversed a default judgment and held that the Secretary’s certificate establishes only that process was forwarded to the address shown on it — the record must independently show that address is the one the statute requires. - A claim that does not arise out of the Texas business, which takes the case outside § 17.044(b). - A defendant that did maintain a registered agent here, however inactive. ## Where I have used it In a Bexar County collection program run for a former client, repeatedly and as a matter of course — an amended petition to draw the new citation, the transmittal to Service of Process at the Secretary of State with the fee, then the answer deadline calendared from the return receipt. One Arizona defendant served this way took a default judgment of $69,761.43 plus $20,101.70 in pre-judgment interest. ## The order Default Judgment — United Biologics, LLC d/b/a United Allergy Services v. Santan Health Services, LLC, County Court at Law, Bexar County, Texas, Cause No. 2016CV02672, signed Signed 2016 — signature and file stamp on the copy in the file. ``` CAUSE NO. 2016CV02672 UNITED BIOLOGICS, LLC d/b/a UNITED ALLERGY SERVICES, Plaintiff v. SANTAN HEALTH SERVICES, LLC, Defendant IN THE COUNTY COURT AT LAW BEXAR COUNTY, TEXAS DEFAULT JUDGMENT On ______, 201__, Plaintiff, UNITED BIOLOGICS, LLC d/b/a UNITED ALLERGY SERVICES moved for default judgment after Defendant SANTAN HEALTH SERVICES, LLC failed to file an answer in this case. At the hearing, Plaintiff appeared through its attorney. Defendant, SANTAN HEALTH SERVICES, LLC did not appear. The court determined that it had jurisdiction over the subject matter and the parties in this proceeding. After considering the pleadings, the papers on file in this case, and the evidence Plaintiff presented on liability and damages, the court GRANTS Plaintiff’s motion for default judgment. The court hereby RENDERS judgment for Plaintiff. Therefore, the Court ORDERS that Plaintiff recover damages from Defendant SANTAN HEALTH SERVICES, LLC in the sum of $69,761.43, pre-judgment interest in the sum of $20,101.70 and post-judgment interest on the total sum at the annual rate of 18%, attorney fees of $1,500.00, and court costs. The court finds the following: 1. Defendant was served with citation and a copy of Plaintiff’s First Amended Petition on September 15, 2016. 2. The citation and proof of service were on file with this court for at least ten days before the judgment was rendered. 3. The deadline for Defendant to file an answer was October 10, 2016. Defendant was required to file an answer the following Monday after 20 days from the date of service of citation and Plaintiff’s amended petition; however, Defendant did not file an answer or any other pleading constituting an answer. 4. Defendant’s last known address is 2181 East Pecos Road, Suite 1, Chandler, Arizona 85225. 5. The damages claimed in Plaintiff’s First Amended Petition were proven by the affidavits and other evidence presented by Plaintiff. 6. This judgment disposes of all claims and all parties and is appealable. SIGNED ON ______________________ _______________________________ PRESIDING JUDGE ``` ## Questions **When can you serve the Texas Secretary of State for a nonresident defendant?** When the nonresident engages in business in Texas but maintains no regular place of business and no designated agent for service here, and the proceeding arises out of the business done in Texas. Tex. Civ. Prac. & Rem. Code § 17.044(b). **What must the petition allege for Secretary of State service to be valid?** Facts bringing the defendant within the statute — nonresidency, business done in Texas, that the suit arises out of it, the absence of a regular place of business and of a designated agent, and the nonresident's home or home office address for forwarding. There are no presumptions in favour of valid service on direct attack. **Is the Secretary of State's certificate conclusive proof of service?** It is conclusive that process was received and forwarded as addressed, absent fraud or mistake. Since Shamrock Enterprises v. Top Notch Movers (Tex. 2026) it does not establish that the address used was the statutorily required one — the face of the record must show that. --- This page is an advertisement. Case results depend on the specific facts of each matter and do not predict a similar result in any other. Nothing here is legal advice.