Legal Question in Business Law in California

I want to take a business to small claims court. They took a $2,000 check from me and took off with my money. I have hired an agent for service of process to deliver the court papers to the company official listed on the California Business Portal. However, my agent tells me the building is occupied by another company and that individual is not there anymore.

In California, is it required that I chase this person down and try to find him? He has a very common name and will be extremely difficult to find. OR, is my attempt to contact him at his filed location enough to proceed with small claims? Thanks for your help


Asked on 8/10/10, 10:06 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, I think you have a terminology mix-up. The person you hire to deliver (serve) papers is a process server. The person you are (or should be) trying to deliver them to is the corporation's registered agent for service of process.

The Secretary of State's Web site (California Business Portal) gives limited information about a corporation, but two items shown are (1) the corporation's name and address, and (2) the name and street address of its registered agent for service of process. You or your process server should be trying to effect delivery to the latter.

Also, I would direct your attention to the simplified service-of-process requirements for small claims cases set forth in Code of Civil Procedure section 116.340. Also review section 116.330. You may be taking an unnecessarily difficult and expensive path in hiring a process server. On the other hand, unless you get an effective service, the defendant has no notice and won't appear, and the court probably lacks jurisdiction to conduct any proceedings.

Finally, be clear about the identity of the defendant. If you did business with a corporation (or LLC), it is that entity you are suing, not its owner or officer. The person you need to identify and serve is the agent for service of process, not the company owner -- of course, they may be one and the same individual. Corporations are required to maintain current and correct "registered agent for service of process" designations with the Secretary of State.

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Answered on 8/15/10, 10:47 am


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