Office of the Texas Secretary of State — Service of Process Section — Service of Process & Subpoena Intake

Overview & Statutory Role in Texas Litigation

Official statutory substituted service of process counter at the James E. Rudder Building in downtown Austin for business entities whose registered agent cannot be found with reasonable diligence (BOC § 5.251) and non-resident defendants under the Texas Long-Arm Statute (CPRC § 17.044).

Field Intake Protocol & JBCC Service Instructions at James E. Rudder Building, 1019 Brazos Street, Room 105, Austin, TX 78701

• Located at the James E. Rudder Building, 1019 Brazos Street, Room 105 (1st Floor), Austin, TX 78701, immediately east of the Texas State Capitol.
• Under Tex. Bus. Orgs. Code § 5.251, the Texas Secretary of State is an agent of an entity for purposes of service of process if: (1) the entity is a filing entity or foreign filing entity and fails to appoint or does not maintain a registered agent in Texas, OR (2) the registered agent of the entity cannot with reasonable diligence be found at the registered office of the entity.
• Under Tex. Civ. Prac. & Rem. Code §§ 17.044 and 17.045 (Texas Long-Arm Statute), the Secretary of State is also the statutory agent for non-residents who engage in business in Texas or commit a tort in whole or in part in Texas without maintaining a regular place of business or designated agent.
• STRICT DUPLICATE & FEE REQUIREMENT: Service on the Texas Secretary of State requires delivering DUPLICATE copies (2 complete sets) of the Citation and Petition, specifying the exact forwarding address (home or home office address under CPRC § 17.045, or most recent registered office/principal office under BOC § 5.252), accompanied by the statutory SOS fee ($40 for service + $15 if requesting a formal Whitney Certificate of Service from the SOS).
• Note on Whitney Certificates: To obtain a default judgment after serving the Texas Secretary of State, Texas Supreme Court precedent (Whitney v. L & L Realty Corp.) strictly requires filing a Certificate from the Secretary of State ('Whitney Certificate') proving that the SOS forwarded the process to the defendant! Our Austin team handles both the Room 105 hand-delivery and Whitney Certificate retrieval.

Entities & Records Routinely Served at This Location

• Forfeited, terminated, or delinquent Texas LLCs and corporations without an active registered agent
• Entities whose registered agent cannot be found at the registered office after diligent JBCC attempts
• Out-of-state / non-resident companies and individuals subject to the Texas Long-Arm Statute (CPRC § 17.044)
• Non-resident motorists under Tex. Civ. Prac. & Rem. Code § 17.062