Registered Agent No Longer Works There

[cld7]

I hired a Process Server to Serve Collection Agency. The Collection Agency's Registered Agent Address was wrong so I ended up receiving the Papers back. I contacted the Texas Secretary of State and they replied:

An entity can be forfeited for failure to maintain a registered

agent/office. If you send certified mail to the above address and it is

returned, you can submit an "allegation of failure to maintain a registered

agent". Send a copy of the undeliverable envelope and your letter to: Office

of the Secretary of State, Corporations Section, P.O. Box 13697, Austin,

Texas 78711. Attention Pat Cantrell.

You should be aware that this process as often as not results in the entity

posting a new registered agent and thus remaining active. Even when it

results in a forfeiture, the process can take up to 120 days.

David Moerbe

Corporations Section

If anyone is interested, I can post the entire statement of claims. Just let me know.

CLD7

[Anonymous]

I wonder what would happen...

Is a company required to tell you who their registered agent is? If so, what happens to them if they refuse?

[calawyer]

When a company incorporates itself in a particular state, the state usually requires that it designate a person to be the company's registered agent to be served with process. If it fails to do so, there is usually a procedure for alternate service.

[cld7]

The Process server told me that they could serve one of the officers at the Business Address. I we verify with Lake County Clerk here in Florida and report back.

[cld7]

Well I called ProCollect and ask for their Registered agent by name. They gave me their address registered agent's address. I called information to get the registered agent's phone number called it. He is an attorney. I got the correct address and informed him that his address was wrong with the secretary of state. By the way, ProCollect hung up on me after I told them that a lawsuit had been filed.

[cld7]

Registered Agent is now avoiding being served. It appears that he can keep this up indefinitely. I have already paid $110.00 to get him served. I called the County Clerk today and they told me I would need to get them to stop trying to serve him for the February 5th Mitigation hearing. I will then have to pay another $55.00 to try and serve him again. He is an attorney in the state of Texas. I would expect that he could get seriously repremanded by the state bar. Any advice or suggestions would be appreciated.

[cookiemnster]

<blockquote>Originally posted by cld7

Registered Agent is now avoiding being served. It appears that he can keep this up indefinitely. I have already paid $110.00 to get him served. I called the County Clerk today and they told me I would need to get them to stop trying to serve him for the February 5th Mitigation hearing. I will then have to pay another $55.00 to try and serve him again. He is an attorney in the state of Texas. I would expect that he could get seriously repremanded by the state bar. Any advice or suggestions would be appreciated.

</blockquote>

Call the state bar and ask them if avoiding a process server is a reportable action. If it is... report him.

[LadynRed]

You might also pursue other means of serving him. Personal service is not the ONLY legal means of serving someone -even a lawyer !!

"Rule 106. Method of Service

(a) Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by

(1) delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or

(2) mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.

( Upon motion supported by affidavit stating the location of the defendant 's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service

(1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or

(2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit.

Texas Statutes Art. 2.11 BUS. CORP. ACT. Service of Process on Corporation

A. The president and all vice presidents of the corporation and the registered agent of the corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the de in the same manner as service is made on unknown shareholders under law. Notwithstanding any disability or reinstatement of a corporation, service of process under this section is sufficient for a judgment against the corporation or a judgment in rem against any property to which the corporation holds title."

[cld7]

Called State Bar of Texas. I am not sure that the person I talked with knew the answer. To sum up he said that it was not. Only what happens in the court room is a reportable action. He told me to work through the local county clerk's office to serve in another way.

Joy!!

[Anonymous]

anything exciting happen yet?

[NightStar]

Is the link down?

[cld7]

The Attorney that I have been trying to get served called the other day and said that ProCollect would agree to pay $500 but could not agree for the Dr's Office. He also mentioned that it was his experience that you can get only $1000.00 per case.

I sued in small claims for $3000.00 and offered to settle for $5000.00 with them. I have read on this discussion board that you could only sue for $1000. I am suing for the following.

Failure to Validate Debt and attempting to collect debt -- Credit Report

Calling Cell Phone - Costing Me Money making Collect Calls

Putting name on envelop --ProCollect

So, I have Three different types of violations. Each have a penalty of $1000 each.

Assuming that I can only sue for $1000.00 per case. May I sue them three times for $1000 each? I would appreciate any help.

The case has been filed in the State of Florida. Does anyone know Florida Collection Laws or where to find them.

CLD7

[Swede]

Originally posted by cld7

Does anyone know Florida Collection Laws or where to find them.

Yea, here's general information on FL collection laws

http://www.lawdog.com/states/fl/st1.htm

and FL Debt Collection Act

http://www.dbf.state.fl.us/licensing/ch559.html

and since FL require licencing, you can check active licences here

http://www.dbf.state.fl.us/licensing/

[masonuc]

1. Some courts have held $1000 total, but that's only for FDCPA. Find Texas statutes and other injuries you have suffered -- skies the limit on those.

2. Finally, it is likely that you can actually serve the Secretary of State of Texas. Sounds weird, but in many states this is legal service.

[Swede]

<blockquote>Originally posted by cld7

So, I have Three different types of violations. Each have a penalty of $1000 each.

Assuming that I can only sue for $1000.00 per case. May I sue them three times for $1000 each? I would appreciate any help.

</blockquote>

The maximum statutory damages you can get it $1000 per action not per violation and it's per act so you could potentially sue under both the FDCPA and FCRA and also look into state laws. If you have punitive damages you can sue for that but you'll have to able to prove those. Although 1000 is max, it doesn't necessarily mean you'll get that as the minimum is $100. I don't think you suing them three times for FDCPA violations will be successful, it'll probably be dismissed as a frivolous suit. Here's a link to a bunch of case law dealing with statutory damages.

http://www.calcollectors.net/maybeeasy.htm

Check w. sharpenu, he's very knowledgeable in FL state laws and suing CA's.

[Edit by Swede on Friday, January 31, 2003 @ 10:42 AM]

[cld7]

Ladies and Gentlemen,

We have settled for $1250 today! I would like to thank you for your support. I will post more details about the case later if anyone is interested.

CLD7

[IronMan]

Unfortunately (CALawyer, corrections?) as a theory of law, you wouldn't file 5+ seperate causes of action against one defendant. (Remember, no double-jeopardy outlined in the constitution)

You would file your causes of action within one complaint against the same defendant or co-defendants if necessary. This is where the phrase "Jointly and Severally" comes in for multiple defendants.

Which is why criminal proceedings use "counts" for offenses just as you would in a civil action. In civil, you would state your arguments and points. The idea in civil is to build as heavy a burden as you can so that the opposing party can't bear it and loses. This provides that you meet all your burdens as well.

(I know this isn't the prettiest legal-sounding way of describing it to you, but I want to keep it a general understanding level for everyone. I may have done a crappy job since I'm floating between the board and some dead-time at work.)

Their violations, though numerous, will only be stated in one complaint, and listed in your Arguments.

Now my understanding, (I think it may depend on State Law), there is lattitude given to the 'trier of fact' (Judge/Jury) to impose punitives (punishment $$$) against defendant as it deems appropriate.

Your payday comes from the 'actual damages' incurred by their misconduct. Sometimes this is referred to as "proximate damages." but this has to be supported by evidence which DIRECTLY ('proximately') relates your injuries to their acts or misconduct.

You must pray for all relief to have it granted. Court will not give if you do not ask, unless it is specifically required by statute for it to do so. The maxim "ask for REASONABLY more than you REASONABLY expect to get" applies here.

I've recently hired an Acutary to calculate the disparity of the interest rates on my Re-Fi and my Home Equity Line Of Credit('HELOC') to prove my damages. I should be ready to tee-off on these proximate panzies. It's either settle-out or FORE!!!!

Cheers!

[Edit by IronMan on Monday, March 3, 2003 @ 05:49 PM]

[cld7]

This is a shameless plug for the two ebooks sold on this website. Maybe not shameless since I am just a customer.

I would like to highly recommend Good Credit is Sexy and Poor Man's Lawsuit. I could not have successful handled myself with their attorney's without these ebooks and been able to prepare a rock solid case against ProCollect. I found myself refering back to them time again.

The help that I received from this discussion board has been priceless! Ok it was only worth $1250.

Thanks to All,

CLD7

[TexasLawyer]

Did you ever get the registered agent served? If not, you might consider a privte process server (even though I love those constables!). If that is not successful, you may need to file a motion for substitute service.