Wachovia Bank of Delaware, Nat'l Ass'n v. Gilliam, 215 S.W.3d 848 (Tex. 2007). · Go Syfert
Wachovia Bank of Delaware, Nat'l Ass'n v. Gilliam, 215 S.W.3d 848 (Tex. 2007). Cases Citing This Book View Copy Cite
104 citation events (104 in the last 25 years) across 4 distinct courts.
Strongest positive: Access Dental Management, LLC v. June's Boutique, LLC (txctapp13, 2026-04-23)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Access Dental Management, LLC v. June's Boutique, LLC
txctapp13 · 2026 · confidence medium
However, the Texas Supreme Court has recently clarified that “absent fraud or mistake, the Whitney certificate is irrebuttable proof that service was forwarded as addressed, but it does not conclusively establish that ‘the forwarding address was correct.’” Shamrock Enters., LLC, 728 S.W.3d at 699 (quoting Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007)).
discussed Cited as authority (rule) Shamrock Enterprises, LLC D/B/A Frsteam gulfcoast/la v. Top Notch Movers, LLC (2×)
Tex. · 2026 · confidence medium
Without resolving the parties’ dispute about those matters, we can assume, without deciding, that Shamrock was subject to service of process under section 5.251(1)(A) because error requiring reversal is readily apparent in a different regard. “[F]or a default judgment to survive a restricted appeal, the face of the record must reflect that service was forwarded to the address required by statute.” 15 For substituted service to count under section 5.251(1)(A), the Secretary must have forwarded the process to the address the statute designates: the “most recent address of the entity on f…
cited Cited as authority (rule) Ramona L. Degraw v. Noel Bennie Paxton Jr.
Tex. App. · 2025 · confidence medium
See id.; Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007); Wachovia Bank of Del. v. Gilliam, 215 S.W.3d 848, 849 (Tex. 2007).
discussed Cited as authority (rule) Vanicare Medspas, Inc. and Vincent Chitolie v. Limitless Medical Spa, LLC
Tex. App. · 2025 · confidence medium
See id.; Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007); Wachovia Bank of Del. v. Gilliam, 215 S.W.3d 848, 849 (Tex. 2007). “[A] no-answer default judgment cannot stand when the defendant ‘was not served in strict compliance with applicable requirements.’” Spanton v. Bellah, 612 S.W.3d 314 , 316 (Tex. 2020) (quoting Wilson v. Dunn, 800 S.W.2d 833, 836 (Tex. 1990)).
examined Cited as authority (rule) American Services U.S. LLC v. Identity Built, LLC (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2025 · confidence medium
Id. at 850 (citations omitted).
discussed Cited as authority (rule) Advanced Restoration Solutions, LLC and Architectural Refinishing Solutions, Inc. v. RS Remodeling, LLC
Tex. App. · 2020 · confidence medium
“When a default judgment is challenged by restricted appeal, there are no presumptions in favor of valid service.” Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 848 (Tex. 2007) (per curiam).
cited Cited as authority (rule) Mukesh Bhakta v. Krisu Hospitality, LLC
Tex. App. · 2019 · confidence medium
Wachovia Bank of Del. v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007).
cited Cited as authority (rule) Juan Alcala v. Edinburg Consolidated Independent School District
Tex. App. · 2018 · confidence medium
Wachovia Bank of Delaware, N.A. v. Gilliam, 215 S.W.3d 848, 848 (Tex. 2007).
discussed Cited as authority (rule) Robert G. Bryant D/B/A the Western Shop v. Lucchese, Inc. (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Wachovia Bank of Delaware, N.A. v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007).
cited Cited as authority (rule) Federal National Mortgage Association v. Summit Residential Services, LLC, as Trustee for the Hobby Falcon 2212 Land Trust
Tex. App. · 2014 · confidence medium
Wachovia Bank of Del., N.A., v. Gilliam, 215 S.W.3d 848, 849 (Tex. 2007).
cited Cited as authority (rule) John L. Dole, III & Celia E. Dole v. Lsref2 Apex 2, Llc
Tex. App. · 2014 · confidence medium
In support of their argument, the Doles rely on Wachovia v. Gilliam, 215 S.W.3d 848, 849-50 (Tex.2007).
cited Cited as authority (rule) in the Interest of J.D.H., E.K.H., Z.H.H., Children
Tex. App. · 2014 · confidence medium
Wachovia Bank of Delaware v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007).
discussed Cited as authority (rule) U.S. Bank National Association v. Bonney, Paula A.
Tex. App. · 2013 · confidence medium
Where “the restricted appeal [is] filed within six months by a party that did not participate in the default hearing, the only question [is] whether error [is] apparent on the face of the record.” Wachovia Bank of Delaware, N.A. v. Gilliam, 215 S.W.3d 848, 849 (Tex. 2007)) “In a restricted appeal, defective service of process constitutes error apparent on the face of the record.” Dolly v. Aethos Commc’ns Sys., Inc., 10 S.W.3d 384, 388 (Tex. App.—Dallas 2000, no pet.).
cited Cited as authority (rule) Red Hot Enterprises LLC, A.K.A. Red Hot Signs Printing and Promotional, and Charles Patrick Jackson v. Yellow Book Sales and Distribution Company, Inc.
Tex. App. · 2012 · confidence medium
Primate Constr., 884 S.W.2d at 152 ; Wachovia Bank of Delaware, N.A. v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007).
cited Cited as authority (rule) Marcus Todd v. Sport Leasing & Financial Services Corp.
Tex. App. · 2011 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 407 (Tex. 2007) (per curiam) (citing Wachovia Bank of Del. v. Gilliam , 215 S.W.3d 848, 849 (Tex. 2007)).
discussed Cited as authority (rule) Steven Crear, Sr. v. Mortgage Electronic Systems
5th Cir. · 2011 · confidence medium
CODE ANN . § 17.045(a). 30 Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W. 3d 848, 849 (Tex. 2007) (internal quotation marks omitted). 11 Case: 10-10875 Document: 00511425815 Page: 12 Date Filed: 03/28/2011 No. 10-10875 V.
discussed Cited as authority (rule) AEP Engineering & Consulting, Inc. D/B/A Texas Conveyors v. SICK, Inc.
Tex. App. · 2010 · confidence medium
Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 (Tex. 2009) (per curiam). 5  Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 848 (Tex. 2007) (per curiam); Uvalde Country Club v. Martin Linen Supply Co., Inc., 690 S.W.2d 884, 885 (Tex. 1985). 6  Lejeune, 297 S.W.3d at 256 ; see also GMR Gymnastics Sales, 117 S.W.3d at 59 . 4 substituting service on the Secretary of State and that the return is fatally defective because it (1) was not properly verified; (2) did not state when the citation was received, (3) did not show any attempt to serve the petition in addition to the citati…
discussed Cited as authority (rule) AEP Engineering & Consulting, Inc. D/B/A Texas Conveyors v. SICK, Inc.
Tex. App. · 2010 · confidence medium
Co. of State of Pa. v. Lejeune , 297 S.W.3d 254, 256 (Tex. 2009) (per curiam). 5: Wachovia Bank of Del., N.A. v. Gilliam , 215 S.W.3d 848, 848 (Tex. 2007) (per curiam); Uvalde Country Club v. Martin Linen Supply Co., Inc. , 690 S.W.2d 884, 885 (Tex. 1985). 6: Lejeune , 297 S.W.3d at 256 ; see also GMR Gymnastics Sales , 117 S.W.3d at 59 . 7: Tex. R.
cited Cited as authority (rule) Leonard Manor, Inc. v. Century Rehabilitation of Texas, L.L.C.
Tex. App. · 2009 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 408 (Tex. 2007); Wachovia Bank of Del., N.A. v. Gilliam , 215 S.W.3d 848, 849-50 (Tex. 2007); see Wilson v. Dunn , 800 S.W.2d 833, 836 (Tex. 1990).
discussed Cited as authority (rule) James R. Maib v. Donna Maib (2×) also: Cited "see"
Tex. App. · 2009 · confidence medium
Wachovia Bank of Del., Nat'l Ass'n v. Gilliam , 215 S.W.3d 848, 850 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) James R. Maib v. Donna Maib (2×) also: Cited "see"
Tex. App. · 2009 · confidence medium
Wachovia Bank of Del., Nat'l Ass'n v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007) (per curiam).
cited Cited as authority (rule) in the Interest of T. W. C., a Minor Child
Tex. App. · 2009 · confidence medium
Wachovia Bank of Delaware v. Gilliam , 215 S.W.3d 848, 850 (Tex. 2007) (restricted appeal).
cited Cited as authority (rule) in the Interest of T. W. C., a Minor Child
Tex. App. · 2009 · confidence medium
Wachovia Bank of Delaware v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007) (restricted appeal).
cited Cited as authority (rule) Peggy S. Jones v. Dennis L. Jones
Tex. App. · 2007 · confidence medium
Wachovia Bank of Del., N.A. v. Gilliam , 215 S.W.3d 848, 850 (Tex. 2007).
cited Cited as authority (rule) Billy Joe Carmon v. State
Tex. App. · 2007 · confidence medium
Wachovia Bank of Delaware v. Gilliam , 215 S.W.3d 848, 850 (Tex. 2007) (restricted appeal).
cited Cited as authority (rule) Steve Scott Wilt v. State
Tex. App. · 2002 · confidence medium
Hubicki v. Festina , 226 S.W.3d 405, 408 (Tex. 2007); Wachovia Bank of Del., N.A. v. Gilliam , 215 S.W.3d 848, 849-50 (Tex. 2007); see Wilson v. Dunn , 800 S.W.2d 833, 836 (Tex. 1990).
cited Cited "see" Rob McCready v. Joel Mayor and Beth Mayor
Tex. App. · 2023 · signal: see · confidence high
See Wachovia, 215 S.W.3d at 848 .
examined Cited "see" Ontario Produce, LLC Formerly Known as Progreso Partners, LLC D/B/A Ontario Produce Company, David M. Melina, and William Locantro v. James Thomas Whitlock (4×) also: Cited "see, e.g."
Tex. App. · 2021 · signal: see · confidence high
See Gilliam, 215 S.W.3d at 850 ; MobileVision Imaging Servs., L.L.C. v. Lifecare Hosps. of N. Tex., L.P., 260 S.W.3d 561 , 566–67 (Tex. App.—Dallas 2008, no pet.); see also Healey v. Healey, No. 12-15- 00047-CV, 2016 WL 4098750 , at *2–3 (Tex. App.—Tyle June 29, 2016, pet. denied) (mem. op. on reh’g).
cited Cited "see" Worldwide Autotainment, Inc., General Partner for Autotainment Partners Limited Partnership D/B/A Planet Ford v. John Matthew Galloway
Tex. App. · 2019 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 848 (Tex. 2007) (per curiam); Silver, 884 S.W.2d at 152 ; Air Voice Wireless, LLC, 2016 WL 5342707 , at *3.
cited Cited "see" Cohen v. Rami Bar
Tex. App. · 2018 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam , 215 S.W.3d 848 , 848 (Tex. 2007) (per curiam); Bank of N.Y. v. Chesapeake 34771 Land Trust , 456 S.W.3d 628 , 631 (Tex. App.-El Paso 2015, pet. denied).
cited Cited "see" the Surrogacy Group, LLC and Greg Blosser v. ROC Funding Group, LLC
Tex. App. · 2018 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 848 (Tex. 2007) (per curiam); Bank of N.Y. v. Chesapeake 34771 Land Tr., 456 S.W.3d 628, 631 (Tex. App.—El Paso 2015, pet. denied).
discussed Cited "see" Comal & Co. LLC v. Michelle Mays
Tex. App. · 2018 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 851 (Tex. 2007) (per curiam) (vacating default judgment and remanding for further proceedings). 3 __________________________________________ Bob E.
cited Cited "see" MC Phase II Owner, LLC v. TI Shopping Center, LLC
Tex. App. · 2016 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 850 (Tex.2007).
discussed Cited "see" Air Voice Wireless LLC v. M&E Endeavours LLC
Tex. App. · 2016 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 848 (Tex. 5 2007) (per curiam); Silver, 884 S.W.2d at 152 ; Harvestons Sec., Inc. v. Narnia Invs., Ltd., 218 S.W.3d 126, 129 (Tex. App.—Houston [14th Dist.] 2007, pet. denied).
cited Cited "see" MC Phase II Owner, LLC and TI Shopping Center, LLC, a Delaware Limited Liability Company v. TI Shopping Center, LLC, a Texas Limited Liability Company
Tex. App. · 2015 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v Gilliam, 215 S.W.3d 848, 850 (Tex. 2007).
cited Cited "see" Floyd Pleasant Tarvin IV v. State
Tex. App. · 2013 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 849 (Tex. 2007).
discussed Cited "see" Michael Nathan Kashan, Individually and D/B/A Sima Mail & Market and D/B/A Discount City USA and Discount City USA, LLC, a California Limited Liability Company, D/B/A Sima Mail & Market v. McLane Company, Inc., a Texas Corporation
Tex. App. · 2012 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 850-51 (Tex. 2007) (certificates generally are conclusive proof that process was served as stated but are not conclusive proof that process was served to defendant at correct address when petition, citation, return, and certificate all listed defendant’s address incorrectly); Orgoo, Inc. v. Rackspace US, Inc., 341 S.W.3d 34, 39 (Tex. App.—San Antonio 2011, no pet.) (Secretary of State’s certificate was prima facie evidence that it received and forwarded original petition, as stated in certificate, not amended petition).
discussed Cited "see" Michael Nathan Kashan, Individually and D/B/A Sima Mail & Market and D/B/A Discount City USA and Discount City USA, LLC, a California Limited Liability Company, D/B/A Sima Mail & Market v. McLane Company, Inc., a Texas Corporation
Tex. App. · 2012 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam , 215 S.W.3d 848, 850-51 (Tex. 2007) (certificates generally are conclusive proof that process was served as stated but are not conclusive proof that process was served to defendant at correct address when petition, citation, return, and certificate all listed defendant's address incorrectly); Orgoo, Inc. v. Rackspace US, Inc. , 341 S.W.3d 34, 39 (Tex. App.--San Antonio 2011, no pet.) (Secretary of State's certificate was prima facie evidence that it received and forwarded original petition, as stated in certificate, not amended petition).
cited Cited "see" Fernando Javier Eguia v. Michelle Eguia
Tex. App. · 2012 · signal: see · confidence high
See Wachovia Bank of Del., Nat’l Ass’n v. Gilliam, 215 S.W.3d 848, 850 (Tex.2007). (per curiam); see also Brown v. Brown, No. 14-11-00036-CV, 2012 WL 113051 , at *1-2, 2012 Tex.App.
cited Cited "see" Lytle v. Cunningham
Tex. App. · 2008 · signal: see · confidence high
See Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 851 (Tex.2007) (per curiam).
discussed Cited "see" Home Grown Design, Inc. v. South Texas Milling, Inc.
Tex. App. · 2008 · signal: see · confidence high
See Wachovia Bank of Del. v. Gilliam , 215 S.W.3d 848, 850 (Tex. 2007) (stating that "for a default judgment to survive restricted appeal, the face of the record must reflect that service was forwarded to the address required by statute"); Lippmann , 826 S.W.2d at 138 .
discussed Cited "see" Home Grown Design, Inc. v. South Texas Milling, Inc.
Tex. App. · 2008 · signal: see · confidence high
See Wachovia Bank of Del. v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007) (stating that “for a default judgment to survive restricted appeal, the face of the record must reflect that service was forwarded to the address required by statute”); Lippmann, 826 S.W.2d at 138 .
cited Cited "see" Hubicki v. Festina
Tex. · 2007 · signal: see · confidence high
See Wachovia Bank of Del. v. Gilliam, 215 S.W.3d 848, 849 (Tex.2007).
discussed Cited "see, e.g." Huffman Asset Management, LLC and Prairie Capital, LLC v. Maurice Colter and Ni-Ida Colter
Tex. · 2026 · signal: see also · confidence medium
But they do not establish that those addresses are “the one[s] 7 the statute requires.” Id.; see also Wachovia Bank of Del., N.A. v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007) (holding that even in the context of a restricted appeal, we will not presume that process was forwarded to the address “required by statute” barring a certification to that effect).
discussed Cited "see, e.g." Lawton Candle, LLC v. BG Personnel, LP
Tex. App. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Wachovia Bank of Delaware, N.A. v. Gilliam, 215 S.W.3d 848, 851 (Tex. 2007) (vacating default judgment & remanding after concluding there was error on the face of the record related to service of process); Lytle v. Cunningham, 261 S.W.3d 837 , 841–42 (Tex. App.—Dallas 2008, no pet.) (concluding attempted service of process on a particular party was invalid and of no effect and the default judgment as to that party was void; court vacated final judgment by default and remanded cause for further proceedings).
discussed Cited "see, e.g." Landmark Organization, L.P. v. Sunbelt Air Conditioning and Refrigeration Service, Inc.
Tex. App. · 2010 · signal: see also · confidence medium
"There are no presumptions in favor of valid issuance, service, and return of citation in the face of a writ of error attack on a default judgment." Silver , 884 S.W.2d at 152 ; see Hubicki v. Festina , 226 S.W.3d 405, 407 (Tex. 2007) (per curiam); see also Maib v. Maib , No. 13-08-00413-CV, 2009 Tex. App. LEXIS 4135 , at *4 (Tex. App.-Corpus Christi June 11, 2009, no pet.) (mem. op.) (citing Wachovia Bank of Del., Nat'l Ass'n v. Gilliam , 215 S.W.3d 848, 850 (Tex. 2007) (per curiam)).
discussed Cited "see, e.g." a & a Express v. Triumph Transportation, LLC D/B/A Container Services and Gene Hill, Individually
Tex. App. · 2010 · signal: see also · confidence medium
“There are no presumptions in favor of valid issuance, service, and return of citation in the face of a writ of error attack on a default judgment.” Silver, 884 S.W.2d at 152 ; see Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007) (per curiam); see also Maib v. Maib, No. 13-08-00413-CV, 2009 Tex. App. LEXIS 4135 , at *4 4 (Tex. App.–Corpus Christi June 11, 2009, no pet.) (mem. op.) (citing Wachovia Bank of Del., Nat’l Ass’n v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007) (per curiam)).
discussed Cited "see, e.g." a & a Express v. Triumph Transportation, LLC D/B/A Container Services and Gene Hill, Individually
Tex. App. · 2010 · signal: see also · confidence medium
"There are no presumptions in favor of valid issuance, service, and return of citation in the face of a writ of error attack on a default judgment." Silver , 884 S.W.2d at 152 ; see Hubicki v. Festina , 226 S.W.3d 405, 407 (Tex. 2007) (per curiam); see also Maib v. Maib , No. 13-08-00413-CV, 2009 Tex. App. LEXIS 4135 , at *4 (Tex. App.-Corpus Christi June 11, 2009, no pet.) (mem. op.) (citing Wachovia Bank of Del., Nat'l Ass'n v. Gilliam , 215 S.W.3d 848, 850 (Tex. 2007) (per curiam)).
discussed Cited "see, e.g." Landmark Organization, L.P. v. Sunbelt Air Conditioning and Refrigeration Service, Inc.
Tex. App. · 2010 · signal: see also · confidence medium
"There are no presumptions in favor of valid issuance, service, and return of citation in the face of a writ of error attack on a default judgment." Silver, 884 S.W.2d at 152 ; see Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007) (per curiam); see also Maib v. Maib, No. 13-08-00413-CV, 2009 Tex. App. LEXIS 4135 , at *4 (Tex. App.–Corpus Christi June 11, 2009, no pet.) (mem. op.) (citing Wachovia Bank of Del., Nat'l Ass'n v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007) (per curiam)).
discussed Cited "see, e.g." in the Interest of E.E.F., a Child
Tex. App. · 2010 · signal: see also · confidence medium
“There are no presumptions in favor of valid issuance, service, and return of citation in the face of a writ of error attack on a default judgment.” Silver, 884 S.W.2d at 152 ; see Hubicki v. Festina, 226 S.W.3d 405, 407 (Tex. 2007) (per curiam); see also Maib v. Maib, No. 13-08-00413-CV, 2009 Tex. App. LEXIS 4135 , at *4 (Tex. App.–Corpus Christi June 11, 2009, no pet.) (mem. op.) (citing Wachovia Bank of Del., Nat’l Ass’n v. Gilliam, 215 S.W.3d 848, 850 (Tex. 2007) (per curiam)).
Retrieving the full opinion text from the archive…
WACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION F/K/A First Union National Bank of Delaware, Petitioner,
v.
Marjorie GILLIAM and Patsy Charline Fowler, Respondents
05-0903.
Texas Supreme Court.
Feb 9, 2007.
215 S.W.3d 848
Peter D. Curran, Diana Estala Stevens, Mann & Stevens, P.C., Houston, for Petitioner., James S. Chapman, Chapman & Chapman, Waxahachie, for Respondents.
Per Curiam.
Cited by 57 opinions  |  Published
PER CURIAM.

When a default judgment is challenged by restricted appeal, there are no presumptions in favor of valid service. See Fid. & Guar. Ins. Co. v. Drewery Const. Co., 186 S.W.3d 571, 573 (Tex.2006). In this case, substituted service was based on statutes requiring papers to be forwarded to the defendant’s “home office” or “principal office,” but nothing in the record shows they were. As the court of appeals erred by presuming otherwise, we reverse.

In April 2001, Patsy Fowler obtained a $44,000 home-equity loan from First Union National Bank of Delaware. As required by the Constitution, Fowler had no personal liability on the loan; it was secured solely by her home in Waxahachie. See Tex. CONST, art. XVI, § 50.

In August 2003, Fowler filed suit to declare the lien on her home void because her daughter, Marjorie Gilliam, owned a twenty-five percent undivided interest in the home but had not signed the loan documents. The suit sought to enjoin foreclosure proceedings by Wachovia Bank[*849] of Delaware, N.A., which the petition alleged was “f/k/a First Union.”

The plaintiffs’ petition sought personal or substituted service in general terms, without alleging any specific statute or procedural rule:

Wachovia ... is a nonresident engaged in business in Texas and does not maintain a regular place of business or have a designated agent for service in Texas, and may be served with a citation directed to said Defendant at the following address by serving any officer of the bank: 920 King Street, Wilmington, Delaware 19801. Sendee of said Defendant as described above can be effected by personal delivery or by service via the Texas Secretary of State, (emphasis in original).

The constable’s return shows service upon an agent for the Secretary of State. The file contains a certificate from the Secretary indicating his office forwarded process to Wachovia at 920 King Street, and received a return receipt “bearing the Signature of Addressee’s Agent.” On this record, the trial court granted a default judgment.

Wachovia filed a restricted appeal challenging service on several grounds. As the restricted appeal was filed within six months by a party that did not participate in the default hearing, the only question was whether error was apparent on the face of the record. See Tex.R.App. P. 30; Alexander v. Lynda's Boutique, 134 S.W.3d 845, 848 (Tex.2004).

A number of Texas statutes provide for substituted service on a government official who then forwards service to the defendant at a designated address. [1] The prime example, the Texas Long-Arm statute, requires the Secretary of State to forward substituted service to a nonresident’s “home or home office.” See Tex. Civ. PRAC. & Rem.Code § 17.045(a). If nothing on the face of the record shows the forwarding address was the defendant’s “home or home office,” the courts of appeals are unanimous that a default judgment cannot survive a restricted appeal. [2][*850] The same has been the case with other substituted service statutes — the face of the record must show that the forwarding address is the one required by statute. [3]

Consistent with these authorities, the court of appeals held that the default here could not be affirmed under the Long-Arm statute because nothing in the petition, citation, or return alleges that 920 King Street was Wachovia’s home or home office. Nevertheless, the court of appeals affirmed the default judgment on the ground that substituted service was proper under the Texas Business Corporation Act. But that statute requires the Secretary to forward service to a foreign corporation’s “principal office.” See Tex. Bus. CoRP. Act art. 8.10(B). Nothing in the record shows 920 King Street was Wachovia’s principal office either.

This Court has never directly addressed whether the face of the record in a restricted appeal must show that service was forwarded to a statutorily required address. But we have held repeatedly that no presumptions are made in favor of valid service in a restricted appeal from a default judgment. See Fidelity, 186 S.W.3d at 573; Primate Const. v. Silver, 884 S.W.2d 151, 152 (Tex.1994); Uvalde Country Club v. Martin Linen Supply Co., Inc., 690 S.W.2d 884, 885 (Tex.1985); McKanna v. Edgar, 388 S.W.2d 927, 929 (Tex.1965); Flynt v. Kingsville, 125 Tex. 510, 82 S.W.2d 934, 934 (1935). We have refused to presume a defendant had no place of business or agent for service in Texas when that was not alleged. See McKanna, 388 S.W.2d at 930. Accordingly, we agree with all the courts of appeals (until this one) that for a default judgment to survive a restricted appeal, the face of the record must reflect that service was forwarded to the address required by statute.

We did say in one case that a certificate from the Secretary of State is generally conclusive evidence that the Secretary “received service of process ... and forwarded the service as required by the statute.” Capitol Brick, Inc. v. Fleming Mfg. Co., 722 S.W.2d 399, 401 (Tex.1987). But the question in that case was not whether the forwarding address was correct, and thus the statement related only to whether service was forwarded rather than where. See Whitney v. L & L Realty Corp., 500 S.W.2d 94, 96 (Tex.1973) (“the legislature intended to require that in order for the Secretary of State to be conclusively presumed to be the attorney for the defendant in another state, he must forward the service”) (emphasis in original). While an official’s certificate establishes that process was served and forwarded to the address provided, unless it certifies that the forwarding address is the one required by statute, we cannot presume otherwise.

Here, the petition, citation, return, and the certificate from the Secretary of State all listed Wachovia’s address as 920 King Street, Wilmington, Delaware; none alleged this was Wachovia’s home office, principal office, or anything else. The loan[*851] documents attached to the petition contained only North Carolina addresses for First Union, Wachovia’s alleged predecessor. As nothing in the record shows that the Secretary of State forwarded process to Wachovia’s home office or principal office as required by the statutes on which the plaintiffs rely, error is apparent on the face of the record.

Accordingly, without hearing oral argument, we reverse the court of appeals’ judgment, vacate the default judgment, and remand for further proceedings consistent with this opinion. Tex.R.App. P. 59.1.

1

. See, e.g., Tex. Civ. Prac. & Rem.Code § 17.045 (nonresidents); Tex.Rev.Civ. Stat. arts. 1396-2.07(B), 1396-8.09 (nonprofit corporations), arts. 6132a-l §§ 1.08(b), 9.10(b) (limited partnerships); Tex Bus. Corp. Act art. 2.11(B) (domestic corporations); Tex Ltd. Liab. Co. Act art. 2.08(B) (limited liability companies); Tex Alco. Bev.Code §§ 37.05(c), 61.07 (nonresident sellers and distributors of alcoholic beverages); Tex Health & Safety Code § 221.023 (health facilities development corporations); Tex Tax Code § 151.606 (collectors of delinquent sales taxes); see also Tex. Bus. Orgs. Code §§ 5.251 -.253 (effective 2006) (foreign entities).

2

. See World Distrib., Inc. v. Knox, 968 S.W.2d 474, 477-78 (Tex.App.-El Paso 1998, no pet.) (reversing default as record did not show forwarding address was defendant’s "home or home office” as required by Long-Arm Statute); accord Whiskeman v. Lama, 847 S.W.2d 327, 328 (Tex.App.-El Paso 1993, no writ); Boreham v. Hartsell, 826 S.W.2d 193, 195-96 (Tex.App.-Dallas 1992, no writ); Commodore County Mut. Ins. Co. v. Tkacik, 809 S.W.2d 630, 632 (Tex.App.-Amarillo 1991, writ denied); Onnela v. Medina, 785 S.W.2d 423, 425(Tex.App.-Corpus Christi 1990, no writ); Bannigan v. Mkt. St. Developers, Ltd., 766 S.W.2d 591, 592 (Tex.App.-Dallas 1989, no writ); Carjan Corp. v. Sonner, 765 S.W.2d 553, 555 (Tex.App.-San Antonio 1989, no writ); Lynn McGuffy Co. v. Perfected Indus. Prods., Inc., 683 S.W.2d 781, 782 (Tex.App.Houston [14th Dist.] 1984, writ ref'd n.r.e.); Verges v. Lomas & Nettleton Fin. Corp., 642 S.W.2d 820, 823 (Tex.App.-Dallas 1982, no writ); see also Zuyus v. No’Mis Commc’ns, Inc., 930 S.W.2d 743, 746 (Tex.App.-Corpus Christi 1996, no writ) (affirming default as defendant admitted forwarding address was his home or home office); Mahon v. Caldwell, Haddad, Skaggs, Inc., 783 S.W.2d 769, 771 (Tex.App.-Fort Worth 1990, no writ) (holding petition need not allege forwarding address was "home or home office” if record evidence shows it was).

3

. See, e.g., Allodial Ltd. P'ship v. Susan Barilich, P.C., 184 S.W.3d 405, 409 (Tex.App.Dallas 2006, no pet.) (reversing default as petition did not allege forwarding address was "principal office” as required by Revised Limited Partnership Act); Humphrey Co. v. Lowry Water Wells, 709 S.W.2d 310, 311-12 (Tex.App.-Houston [14th Dist.] 1986, no writ) (reversing default as record did not show forwarding address was defendant’s "registered office” as required by Tex. Bus. Corp. Act art. 2.11(B)); Global Truck & Equip., Inc. v. Plaschinski, 683 S.W.2d 766, 768 (Tex.App.-Houston [14th Dist.] 1984, no writ) (same); C.W. Bollinger Ins. Co. v. Fish, 699 S.W.2d 645, 649 (Tex.App.-Austin 1985, no writ) (holding that the record did not show forwarding address was defendant’s "principal place of business” as required by Tex. Ins.Code art. 1.14-1).