New Mexico § 13-4-23 - Service where there is no designated agent
Full text of New Mexico New Mexico Statutes Annotated § 13-4-23 — Service where there is no designated agent, with citation guidance and answers to common questions.
§ 13-4-23. Service where there is no designated agent
The manner of procuring and serving process in any action brought pursuant to the
provisions of this act when there has been, either, no designation of an agent in
any such public contract, or where the agent named in such contract has died or removed
from the state so that service cannot be had upon such agent, shall be as follows,
to-wit: --the plaintiff, at the time of filing his complaint shall allege and set
forth in his complaint or in an affidavit, to the satisfaction of the judge of the
court having jurisdiction, that the defendant is one of the persons, partnerships
or corporations contemplated in Section 1 of this act, with the residence of said
defendant, if known, and the further fact that said defendant has no designated agent
within the state. Upon such showing being made, the judge shall make an order directing that service
of process be made upon the defendant by delivering two copies of the process and
of the complaint and of said order to the secretary of the state of New Mexico, with
instructions and directions to the secretary of the state to forward one copy of said
summons, complaint or other process, together with a copy of such order of the court
to said defendant by registered mail to the address shown in the complaint or affidavit,
as the case may be; and that in addition to making service upon the secretary of
the state, the order of the court shall also direct that a copy of the process, together
with a copy of the complaint and of said order accompanied by a notice that the same
has been served upon the secretary of the state, pursuant to this act, be delivered
to the defendant without the state. Proof of such service shall be made by affidavit filed in said action, and service
shall be deemed complete thirty days from the date such personal service is made on
the defendant.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 13-4-23
What does New Mexico Statutes Annotated § 13-4-23 cover?
Section 13-4-23 ("Service where there is no designated agent") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 13-4-23?
A common citation format is "New Mexico Statutes Annotated § 13-4-23" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 13-4-23 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.