I am filing a smalls claim case against a general partnership that does not require to have a registered agent. I have research the partners, each are listed and ___, Inc. so I have identified a registered agent of one of the partners, should that be who is listed on my claim form?
You should serve one of the general partners to initiate an action against the partnership. On the claim form you should list the defendant(s) - the partnership and, if you are separately suing the partners, the partners.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
I agree with the prior response. I would add that if you are filing suit against the individual partners and a Partner of the Partnership is a Corporation or Limited Liability Company, you should serve their registered agent(s) as well.
Serving either one of the general partners will satisfy service of process against the General Partnership. Also, as you mentioned above, you could serve the registered agent for service of process for the General Partnership. However, if you plan to also sue the partners individually, you will have to serve process on them in their individual capacity–this is independent from serving the General Partnership. Of course, naming the partners individually as defendants may be an unneeded expense considering the fact that general partners in a general partnership are personally liable for all debts of the partnership.
Lastly, do not list the registered agent for service of process on the claim form as a defendant; only list the registered agent if the claim form asks on whom you served process, and you, in fact, served process on the registered agent.
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