Legal Question in Civil Litigation in Arizona
Small Claims Court
We are suing 2 companies in small claims. They have both been served by registered mail. The court says we need to file the return receipts with them. We have already filed one return receipt. We just received the one from the other company, but then they sent the summons back to us, stating that they are not the statutory agent for that company. But we checked again, and they are. My question is - do we just go ahead and file the receipt with the court and hope to win by default - or do we need to try again - maybe have them served by a constable or mail it again?
1 Answer from Attorneys
Re: Small Claims Court
File the return receipt with a copy of your proof that the statutory agent listed was indeed served. If the stat agent resigned or was replaced by the company, then it was incumbent upon the company and stat agent to file the appropriate paperwork with the corporation commission.
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