Hot Shot Messenger Service, Inc. v. State

The Texas Business Corporation Act authorizes substitute service of citation on the secretary of state when a corporation’s registered agent cannot be found with “reasonable diligence” at the corporation's registered office. Tex.Bus.Corp.Act Ann. art. 2.11(B) (1980). The issue presented is whether “reasonable diligence” may be inferred from notations on an unserved citation that bears no signature signifying the officer’s return of the citation? Under the facts of this cause we hold it may not.

The State of Texas obtained a default judgment against Hot Shot Messenger Service, Inc. for…