jeajack21 Posted December 21, 2002 Report Share Posted December 21, 2002 I am in the process of suing a CA in San Diego and I live in Portland, OR. The certification of service of was delivered to the authorized agent in my state, as the Business Commissioners Division/Office states to do. Today, I receive a letter stating...It appears that you have listed me personally as a defendant in the above-captioned claim along with _______.I am in no way liable for any FDCPA violations set forth in your claim.Please have me immediately dismissed from the above-captioned lawsuit by December 23, 2002 or I will be taking further action through the courts. Thank you for your cooperation in this matter.Since he is my authorized agent provided by my state, OR, why is he not liable for this suit? If the authorized agent is removed from the suit, does that make the suit invalid? Also, the 14 day grace period alloted for the defendant after delivery by the State of Oregon, is also December 23, the date in which he wants himself to be removed. If someone can please help me in anyway immediately, that would be fantastic because I am in a time crunch as you may see. Thank you in advance. Link to comment Share on other sites More sharing options...
cookiemnster Posted December 21, 2002 Report Share Posted December 21, 2002 <blockquote>Originally posted by jeajack21I am in the process of suing a CA in San Diego and I live in Portland, OR. The certification of service of was delivered to the authorized agent in my state, as the Business Commissioners Division/Office states to do. Today, I receive a letter stating...It appears that you have listed me personally as a defendant in the above-captioned claim along with _______.I am in no way liable for any FDCPA violations set forth in your claim.Please have me immediately dismissed from the above-captioned lawsuit by December 23, 2002 or I will be taking further action through the courts. Thank you for your cooperation in this matter.Since he is my authorized agent provided by my state, OR, why is he not liable for this suit? If the authorized agent is removed from the suit, does that make the suit invalid? Also, the 14 day grace period alloted for the defendant after delivery by the State of Oregon, is also December 23, the date in which he wants himself to be removed. If someone can please help me in anyway immediately, that would be fantastic because I am in a time crunch as you may see. Thank you in advance.</blockquote>I hope that calawyer comes along and corrects me if I'm wrong, but I didn't think you were supposed to actually name the agent of service as a defendant in your suit, just serve the agent with the summons.Sort of like...... defendent (name of company and company's CEO if you wish) c/o Registered Agent, 123 Main Street, Your town, OR, 12345Am I wrong on that? Would like clarification cause I'm getting ready to take Sears to small claims in.... San Diego, LOL. Link to comment Share on other sites More sharing options...
georgiaboy Posted December 21, 2002 Report Share Posted December 21, 2002 uh, like, no, you do not name the agent of service in the suit,, like the man said, hes done nothing wrong, what you should of done was sent your suit to the agent of service, naming the company in your suit.Many times the registerd agents(attys) may be the registered agent of multiple corps, they are not responsible for what there clients do.there is one atty here in ga, that I have done a search on and have found out he is the registed agent of like 100+ corporations.the man has grounds to file suit against you.I would suggest you take your paper work down to the court house,and inform the .. clerk of the court??? as to your mistake and have this gent dismissed from your case and fax him post haste a copy of such dismissal.Mind you these are just opinions, but it sounds like ya almost screwed yaself on this one. Link to comment Share on other sites More sharing options...
jeajack21 Posted December 21, 2002 Author Report Share Posted December 21, 2002 So, do I have to fill out new paperwork, meaning pay again? Can I just amend it? Also, would this postdate the 14 day grace period alotted for the defendent, CA, to reply by? Thanks Cookie and georgiaboy, I'm new to this whole ordeal. Link to comment Share on other sites More sharing options...
georgiaboy Posted December 21, 2002 Report Share Posted December 21, 2002 jeajack, I really have no idea, ive never seen anyone get into the position that you have seemed to have gotten into. Link to comment Share on other sites More sharing options...
kimber6337 Posted December 21, 2002 Report Share Posted December 21, 2002 jeejack, just call the court Monday and ask. I would think they wouldn't let you file it like that and would have been able to help you a little in the filing.... Link to comment Share on other sites More sharing options...
jeajack21 Posted December 21, 2002 Author Report Share Posted December 21, 2002 I think I'm going to call on Monday or even go to the court on Monday and try to remove the registered agent from the suit. I received today a notice that the CA's lawyer, whom is different from the registered agent, is going to appear in court on there behalf, but I don't know when. I'm so confused on alot of this stuff. Please help!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
calawyer Posted December 21, 2002 Report Share Posted December 21, 2002 Don't worry. Everything can be fixed. A registered agent is simply someone that the company designates as being able to accept "service" (ie the delivery of lawsuits) on the company's behalf. It can be an employee of the company, but it is frequently an attorney or a company (like CT Corporation in Los Angeles) that just forwards legal papers to the company being sued.If this person was not a company employee and didn't do anything wrong to you, ask the clerk how to dismiss one defendant only. Usually there is a form you can fill out to accomplish this purpose. Link to comment Share on other sites More sharing options...
jeajack21 Posted December 21, 2002 Author Report Share Posted December 21, 2002 Calawyer, that is a great relief off of my shoulders, thank you. But I still do have another question, unfortuantely, the new paperwork I received today is for a new attorney to represent the CA in court, but it's not the authorized agent in which the State of Oregon told me to deliver the documents too. Does this matter in any way to me? The paperwork also does not state when the hearing date is, will the court send me out paperwork telling me when it is? Also, I am considering getting Pre-Paid Legal to help me get some advise on some of these issues, what do you think? Thanks again for all your help. Link to comment Share on other sites More sharing options...
jeajack21 Posted December 21, 2002 Author Report Share Posted December 21, 2002 Sorry, but I have another question for you Calawyer, the address that was filled out on the small claims paperwork was the address of the authorized agent, but not the company. Would this affect in anyway the validity of my claim against the company? The name of the company is stated on my paperwork/suit, but there address is not. Link to comment Share on other sites More sharing options...
calawyer Posted December 21, 2002 Report Share Posted December 21, 2002 Some legal advice may be a good idea to answer your questions about the paperwork you have received and the corporate address (it's hard to respond without actually seeing the papers themselves). The following link from the Oregon State Bar should answer your questions about the hearing date:http://www.osbar.org/1legallinks/public/infocenter/pamphlets/smallclaims.html Link to comment Share on other sites More sharing options...
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