Coltfan1972 Posted April 1, 2012 Report Posted April 1, 2012 I know I can get a summons when I go to file my case. However, I'm filling out all the forms online and will have them printed in hopefully what will look a little more professional. Trying to keep the handwriting and filling in the blanks to a minimum. On the Summons where it says defendant's name and address. I know I will put the collection agency name. However, do I list their physical place of business or the address of the registered agent which I am going to serve. I'm thinking I fill the summons out just as if I was going to walk into the collection agency and serve them at their primary place of business. On a side note if it matters, which I don't see how it does, their registered agent is a partner at a law firm. I say that because I could see it being a little hard to serve them if they process server has to physically put the summons in their hand.
crash5050 Posted April 1, 2012 Report Posted April 1, 2012 FRCP 4(h)( by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant; orI got the motion to dismiss chunked on the premis that the girl that accepted the service said "I can sign for that" , in effect becoming a general agent for the corporation.
Coltfan1972 Posted April 1, 2012 Author Report Posted April 1, 2012 Right Crash, I understand I have to serve, in my case, the registered agent. I'm just trying to figure out if I put the address for the registered agent on the summons or the actual physcial address of the Defendant. The summons says address of Defendant, so I'm almost positive I don't put the address of the registered agent. I'm under the impression a registered agent simply accepts service and is not really a part to the suit or meets the definition of the defendant.
crash5050 Posted April 1, 2012 Report Posted April 1, 2012 That would depend, if the lawyer is registered agent and part owner in the INC or LLC, like mine was, the address was one and the same, I would put the address of the defendant in there and mail have the service set upon the registered agent.just my .02
Coltfan1972 Posted April 1, 2012 Author Report Posted April 1, 2012 can you put both addresses?Thanks Beergoggles, that seems logical and what I'm going to go with. I just know if I even hint at a procedural error, they are going to jump all over it.
legaleagle Posted April 1, 2012 Report Posted April 1, 2012 On the Summons where it says defendant's name and address.I would use the physical address for the defendant as you have it, KS I believe. They ask for the DEF address? That's what I'd give them. They can't raise any issues about that. They did not ask for a registered agent's address. Like you said, technicalities, but avoidable.
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