Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having the same operated, within this state, or any resident of this state, being the licensed operator or owner of any motor vehicle under the laws of this state, who subsequently becomes a nonresident or conceals his whereabouts, by such acceptance or licensure and by the operation of such motor vehicle within this state makes the secretary of state of the state of Ohio his agent for the service of process in any civil suit or proceeding instituted in the courts of this state against such operator or owner of such motor vehicle, arising out of, or by reason of, any accident or collision occurring within this state in which such motor vehicle is involved. Such appointment shall be irrevocable and binding upon the executor or administrator of such nonresident operator or owner.
Such process shall be served, by the officer to whom the same is directed, or by the sheriff of Franklin county, who may be deputized for such purposes by the officer to whom the service is directed, upon the secretary of state by leaving at the office of the secretary of state, at least fifteen days before the return day of such process, a true and attested copy thereof, and by sending to the defendant, by registered mail, postage pre-paid, a like true and attested copy, with an indorsement thereon of the service upon said secretary of state, addressed to such defendant at his last known address. The registered mail return receipt of such defendant shall be attached to and made a part of the return of service of such process.
Where the nonresident operator or owner dies prior to the commencement of an action brought pursuant to this section, service of process may be made on the executor or administrator of such nonresident operator or owner in the same manner and on the same notice as is provided in the case of a nonresident operator or owner. Where an action has been commenced under the provisions of this section by service on a defendant who dies thereafter the court must allow the action to be continued against his executor or administrator upon motion with such notice as the court deems proper. Where the nonresident operator or owner of such motor vehicle is an infant, service in the manner provided in this section shall be made upon the infant only, and service upon the persons named in section 2703.13 of the Revised Code shall not be required.
Notes of Decisions
Cited in 34
cases (1 in the last 5 years), 1953–2024 · leading case: Hrabak v. Collins, 670 N.E.2d 281 (Ohio Ct. App. 8th Dist. 1995).
Hrabak v. Collins, 670 N.E.2d 281 (Ohio Ct. App. 8th Dist. 1995). · cites it 8דAfter making these efforts, counsel served Collins in accordance with R.C. 2703.20, by perfecting service on the Secretary of State, and also served Collins by publication in the Daily Legal News.”
Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986). · cites it 2דCode § 6308-2, replaced by Ohio Rev. Code Ann. § 2703.20 (1981)) (service on nonresident motor vehicle operator); Waddell v.”
Moore v. Emmanuel Fam. Training Ctr., Inc., 479 N.E.2d 879 (Ohio 1985). “In Doddridge the plaintiff was unable to locate the defendant’s address and obtained service by serving the Secretary of State pursuant to R.C. 2703.20. Having no knowledge of the suit, defendant failed to file an answer and the plaintiffs were awarded a default judgment by the…”
Kilbreath v. Rudy, 242 N.E.2d 658 (Ohio 1968). · cites it 2ד383, Revised Code, unlike the nonresident motorist statute, Section 2703.20, Revised Code, and apparently in recognition of the fiction of the agency, states only that the Secretary of State shall be deemed to be the statutory agent, rather than that he shall be the agent.”
Barile v. Univ. of Virginia, 507 N.E.2d 448 (Ohio Ct. App. 8th Dist. 1986). · cites it 3ד15, tolling the running of the Ohio statutes of limitations during the time a defendant is absent from the state of Ohio, are applicable despite the fact that suit could have been brought in Ohio at any time after the automobile accident by virtue of R.C. 2703.20, which permits…”
City of Cleveland v. Ohio Civil Rights Comm'n, 540 N.E.2d 278 (Ohio Ct. App. 8th Dist. 1988). · cites it 2דBy its very nature, service under R.C. 2703.20 is summary in nature and not adversarial.”
Anson v. Tyree, 490 N.E.2d 593 (Ohio 1986). · cites it 13דThe issue presented in this appeal is whether service upon the Secretary of State as statutory agent under R.C. 2703.20 is in conflict with Civ. R. 4.”
Spears v. Ritchey, 161 N.E.2d 516 (Ohio Ct. App. 1958). · cites it 4דService of summons was made on Ritchey through the Secretary of State of Ohio, under favor of Sections 6308-1 and 6308-2, Ohio General Code, now Section 2703.20, Revised Code; and a copy of the summons was sent by registered letter to Ritchey, first addressed to him at Reno,…”
Bagsarian v. Parker Metal Co., 282 F. Supp. 766 (N.D. Ohio 1968). · cites it 2דThe case involved the application of Section 2703.20, Ohio Revised Code (formerly Section 6308-1, General Code), which provides for substituted service of process upon non-resident owners of motor vehicles.”
Ohio Brass Co. v. Allied Prods. Corp., 339 F. Supp. 417 (N.D. Ohio 1972). · cites it 2דIt logically would have to apply regardless of whether the nonresident was amenable to process under R.C. § 2703.20, under the “long-arm” statutes, R.”
Continuum Transp. Servs., Ltd. v. Elite Internatl. Corp., L.L.C., 2024-Ohio-340, 235 N.E.3d 523. “Canty was the authorized agent to receive service of process on behalf of several corporate entities; however, Continuum has presented no authority that authorizes service upon the statutory agent on behalf of an individual or employee 2 There are statutory exceptions to this…”
Stauffer v. Isaly Dairy Co., 211 N.E.2d 72 (Ohio Ct. App. 7th Dist. 1965). · cites it 2ד, Indianapolis, Indiana, and service of summons was obtained by registered mail through the Secretary of State under the provisions of Section 2703.20, Revised Code. The receipt of the registered mail was signed “Com.”
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