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

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.

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Attorney answers 6

Posted

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.

Posted

I agree with with Attorney Brill.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Posted

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.

Posted

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.

Dean Richard Fuchs

Dean Richard Fuchs

Posted

While slightly unclear from this post, if you are suing the corporation, then I respectfully disagree with Mr. Rothstein (and those who agree with him) that service on the Secy of State is not applicable in this situation. If the Company's Registered Agent cannot be served at its registered address (for whatever reason), and you have proof from the sheriff's department that the Agent was unavailable to be served at the registered address, it is my opinion that you absolutely may serve the GA Secretary of State by paying $10, sending several copies of the Summons and Complaint to the Secy of State, and completing an affidavit stating that you attempted service at the company's registered address but the agent could not be served there. You will also have to certify in your affidavit that you are sending a copy of the Complaint & Summons to the Company's registered address by U.S. Mail. Once this is done, the Sec of State will send you acknowledgement of service, which you can file with the Court where the case is pending. On the other hand, if you are only suing the individual who is the Agent of the company, then Mr. Rothstein is correct, and he will have to be personally served with process unless you get an order authorizing service by publication.

Posted

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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Posted

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.