The registered agent is refusing service--what to do in ga

Asked over 1 year ago - Atlanta, GA

The registered agent (who is also the business owner I am suing) was served at the correct place of business but each time service was attempted, he was not present to receive the summons so after many attempts, the sheriffs noted it could not be delivered on 1/17/2013. I also tried looking for a home address but cannot find one.
my questions are;
-can I go ahead and have the summons mailed (registered mail/return receipt) to the secretary of state where his company is listed?
-can the summons be sent to his last attorney on record?
thank you.

Attorney answers (6)

  1. Robert G. Rothstein

    Contributor Level 14

    4

    Lawyers agree

    1

    Answered . Service upon the Secy of State is usually not applicable in this situation. An order granting service by publication would be more usual (followed-up with additional personal service just to foreclose any defense against the publication service, even though a judge granted you the right to do so after your showing of due diligence). You will need to file a motion and brief to obtain that order so I highly recommend you utilize an attorney.

    DiSCLAIMER

    Please note this is only my opinion and is given for informational purposes only. Other attorneys may have different opinions. This response does not create any attorney client relationship whatsoever and you should seek other opinions before proceeding.

  2. Daliah Brill

    Contributor Level 8

    2

    Lawyers agree

    Answered . If it is a suit requiring personal service, the registered agent must be served. Check the Secretary of States website to see if another is listed as registered agent. Consult an attorney.

  3. Glenn M. Lyon

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . There are specific laws about serving the officers of the company if the registered agent cannot be served after reasonable diligence. Email me Monday and I will give the specifics on how to serve it.

  4. Constantine D. Buzunis

    Contributor Level 17

    2

    Lawyers agree

    Answered . I agree with with Attorney Brill.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  5. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Consult or retain a local lawyer. Otherwise you need to research the acceptable means of serving process in your state. Some states allow you to seek an order to serve by publication after you have shown due diligence in trying personal service. You might try a private process server. if you know where he live, perhaps someone will need to stake him out and wait until he leaves the house.

  6. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . f you have been unable to complete personal service, you may need to file a motion with the court to serve the plaintiff via alternate means ("substituted service") - usually, when you know the party's address, by first class mail AND certified mail with return receipt requested - and when you do not know the party's address, by publication.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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