Registered Agent Question

[Coltfan1972]

I'm in Arkansas and suing a CA that is located in Texas. I am going to file my case and send a waiver of service.

However, there is a registered agent in Arkansas and Texas obviously. The agent in Arkansas is basically like a P.O. Box place. They accept service for a lot of different business.

I know I can send this to them, but any issues on using the agent in Texas. He is a partner at a law firm and I would rather go right to the top.

This question would be for the actual suit also, however, I can't imagine they won't wave service since the court shall make the other side pay the fees for service if they don't agree to wave.

Thanks

[usagi555]

I stopped looking at the registered agent stuff when I found one that I needed and decided that another party needed to be served directly. All I know is that the feds can be picky, and if the CA does pick up on the waiver of service, they might just make you wait the full 60 days. Otherwise, they'll make you wait, then they'll make you serve them anyway. While my opinion is that such service would be legal, given meeting other requirements in the rule, I personally don't hold much stock in my opinion in this matter.

[Coltfan1972]

bump

[legaleagle]

https://www.pcpusa.net/?gclid=CNm6sPTfjK8CFQjd4Aod_1g9Mg

Alliance Litigation Support - (877) 639-4017 or (972) 221-4017

Plano Texas Process Servers - NAPPS

Why not just use somebody like this? Usually costs about 75, not bad

[BV80]

You're using the Fed. RCPs, correct?

[Coltfan1972]

Yes Federal Court BV80. Thanks for the info Legal. I want to use the waver of service so I can start right out of gate demanding the court order them to pay something. Under the federal rules they have to wave service (or a company like this does) or pay the fee for them to be served, regardless if they win or lose.

In other words, I want to tick them off right from the start. Aside from being sued in federal court of course.

[BV80]

Rule 4. Summons

(d) Waiving Service.

(1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons.

I would think the CA wouldn't want to avoid their "duty".

[Coltfan1972]

I would think the CA wouldn't want to avoid their "duty".

That is what I'm using right there. I just want to know if I can serve the Texas agent even though I'm in Arkansas. I see nothing that would indicate I can't.

[BV80]

I don't see why you couldn't. I'm sure you've already checked the AK laws regarding such a situation.

In my opinion, it's the same as a bank whose corporate office is located in one state, but has branches in other states. If you sue the bank, you'd send the summons or request for a waiver to someone at the corporate office. Unless the law specifies other otherwise, you wouldn't have to send it to one of the branches in your state.

[Coltfan1972]

Thanks BV80

[legaleagle]

I would look at those agents in Plano (you know why) that way there is no question as to service. You'll get your fee reimbursed, and this method makes you look a little more cooperative. Any convoluted methodology may make you look like a crank. This is federal, the standards are a bit higher. It's like Jeff Goldblum said to the old guy in Jurassic Park about reconstituting dinosaurs....Just because you can doesn't mean you should.

[Coltfan1972]

Yeah Legal, but this is clearly written into the rules of procedure for the process of service. It's actually written to avoid unnecessary expenses. So I don't this will raise any red flags. It's just right in line with the way to serve process.

I just want the agency forced to either accept service or get hit with the fees. The law actually reads if they don't agree to wave service, the court shall, not might or can, but shall order the expenses incurred for serving them.