I filed a civil suit in gwinnett county against a company & individuals. One of the defendants was served on 12/28 but the other (who is the registered agent) was not due to a wrong address given. I obtained this address from the Secretary of State for this person. The Sheriff's report back to me was that no such business name, suite or person exists at the place listed so i am searching again for an address. Can I have the summons & suit served to the secretary of state for this person or should I do service by publication? Has the clock started ticking on my case since 1 of the defendants was served? Thank you.
Construction / Development Lawyer
The law requires a company to have a registered agent. If the address on the SOS is invalid there are procedures that you can follow to serve the SOS as the agent for the company. I suggest hiring an attorney so you know that when service is made, its good service and a judgment cannot be thrown out later for lack of jurisdiction due to lack of service of process. I would not rely on service by publication as it may not lead to a money judgment. As to whether the clock is ticking, if you mean for them to answer, the answer is yes, as to whether discovery has started to run, that starts when the last defendant files and answer. However if no other defendants are ever served, it may start when the first answer is filed.
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Either the registerd agent listed with the secretary of state, or publication.
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