How Is Serving A Corporation Different Than Serving An Individual?

Many people initially consider persons to be parties to a lawsuit when they think of parties, such as in divorce proceedings. Even though lawsuits involving other people are frequent, occasionally a corporation is named in a lawsuit. Business-related lawsuits can be about anything from slip-and-fall cases to, well, almost everything a corporation can be sued for. Businesses must be granted the same right to due process that individuals do, which includes giving them adequate notice of any upcoming court hearings. However, how does this apply to a process server? Is there anyone at the business he or she can help? Do businesses have specific protocols in place for serving process?

Who should be served in large corporations and small businesses?

The structure and classification of each business differs. Who in the business is served will depend on the type of business that is provided. In most cases, for the service to be approved by the court, the process server typically cannot serve any employee of the corporation, such as a cashier or office manager. Instead, they must serve an owner or partner.

Large Corporations

Larger firms, limited partnerships, corporations, and limited liability companies (LLCs), among others, must choose a registered agent. To put it succinctly and specifically in terms of process serving, a registered agent is a person who has been officially listed by the secretary of state as the person on file who is willing to receive process serving. This agent may be an employee of the corporation being served, an attorney, a legal firm, or an independent entity designated to accept process service.

Ask for the Registered Agent when you get to the business you are servicing or its branch office, find out their name and role in the organization, and assist them.

This is probably the Registered Agent if you see their name on the coversheet. You may occasionally find both the name of the corporation and the name of the individual displayed.

Other persons besides a Registered Agent who may be served on behalf of the corporation are:

An officer of the corporation (CEO, COO, etc.)
Any individual who owns the business
Anybody permitted to accept under particular local regulations

Don’t serve an employee if you are unsure if they are allowed to take service. Check to determine whether somebody with permission is available. It is preferable to make another try rather than provide poor service, therefore if you are unable to locate someone authorized, depart with the paperwork.

Small Businesses

Small businesses can be divided into two categories based on who is allowed to service customers. If a person operates their firm independently as a sole proprietor, that person would be the one who is supposed to be served. An individual served in a partnership would be a partner who runs the company.

How to Serve Process?

Process servers should adhere to best practices for process service and make sure they are carrying out the directives provided by the client, just as a server would seek to serve any user. Usually, this involves performing the necessary number of service efforts (and, if specified by the client, varying tries with respect to time and day) as well as accurately recording the serve by adhering to relevant facts and/or obtaining video using a body camera. In order for the service to be later documented, it is crucial to pay close attention to details.

This covers the time and date of the service, the person’s identity and physical description that was served, the precise location of the service, the method of serving the person (person, substitute, etc.), and any other information that the client and the court should be aware of. The affidavit of service, which is notarized and sent back to the client and/or the court on the client’s behalf, should contain these particulars.

Contact LawServePro Today!

Once you choose to opt the services of JawServePro to serve legal documents on businesses, our process server will be ready to carry out the necessary actions as directed by the client or the court. Our process servers are familiar with local and state laws pertaining to process service before accepting a job, as breaking any of them may lead to the court rejecting the service. Having said that, after hiring any process server, ensure that the process server should go over any particular instructions given by you as the client, confirm that their procedure will allow them to make attempts in compliance with the law, and make sure all necessary safety measures are in place before actually attempting to serve the papers. You can reach out to us at JawServePro if you need to serve any documents to a business.

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Here at LawServePro, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!

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How Is Serving A Corporation Different Than Serving An Individual?

How Is Serving A Corporation Different Than Serving An Individual?

Large Corporations

Small Businesses

How to Serve Process?

Contact LawServePro Today!

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

Request a Free Quote

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