Defendant has a business and is not accepting mail to her po box number/s, we have tried attorney general to help, but they couldn't find her, we tried multiple process servers. Because we cannot locate her does this mean can we toll the statue of limitations? Isn't it illegal for a business to not have a physical address?
It depends if the "business" is incorporated or what form it has, but if formally formed like a corporation then you can serve the registered agent on the articles of formation. Alternatively, you have to get a private investigator to find an address for an individual or an alternative way of perfecting service such as by publication.
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Counsel is correct, a private investigator should be able to come up with her home address, or you might be able to serve a registered agent, depending on the type of business.
It is possible that you could file a Motion for Alternate Service - this can be found here: http://courts.mi.gov/Administration/SCAO/Forms/courtforms/general/mc303.pdf
If this is approved, you may be able to publish a notice in the newspaper to serve as proper notice.
Kelly G Lambert III
Mr. Lambert is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lambert strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You can view the state filings of the corporation here http://www.dleg.state.mi.us/bcs_corp/sr_corp.asp to find out who the registered agent is. The business does not have to have a physical address, the registered agent serves as the location for purposes of legal service.
After exhausting all those efforts suggested by other counsel, you can go back to the court with an affidavit as to your unsuccessful efforts and seek an Order for Substitute Service of Process using the U.S. Mails. If you comply with the court's directive for substitute service and she continues not to reply, you can obtain a default judgment. Collecting that judgment may be problematic, since you are unable to locate where she is!
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