Kingdom Service

August 19, 2024

Deutsche Bank Nat’l Trust Co. v. Kingdom Group Investments, Inc. reversed a default judgment due to improper service of process. Kingdom Group tried to serve Deutsche Bank using substituted service through the Secretary of State, claiming that the bank was a foreign fiduciary without a registered agent or place of business in Texas.

But Tex. Civ. Prac. & Rem. Code § 17.028 specifies that service on a financial institution must be carried out by serving either the registered agent of the institution or, if no registered agent exists, serving the president or a branch manager at any office within Texas. These steps are not optional; they are exclusive and mandatory for valid service on financial institutions. Kingdom Group’s failure to follow these specific procedures meant service was invalid. No. 05-23-00656-CV. Aug. 12, 2024 (mem. op.)