Legal Question in Business Law in California

Re: Receiving Served Documents

They wont be interested in your proof. They will serve you regardless, and you may be responsible for doing your part. Worse yet, though hopefully not, the lawsuit may be going after you in addition to the business - you wont know unless you look up the court filing. You should get the LLC-12 changed so you are no longer the agent. If you have problems contact me.

Best,

Daniel Bakondi, Esq.

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Re: Receiving Served Documents

Unfortunately, it sounds as if you never filed a resignation as agent for service of process for the LLC. Until you file that document with the California Secretary of State, you are indeed the agent for service. The fact that you are no longer actively involved with a basically defunct company is irrelevant. Since your name still appears as agent in the Sec State's records, you are indeed involved. Further, even though the LLC is no longer operating, it does still exist, at least for the purposes of winding up its affairs and for the purposes of claims that may be brought against it.

I would immediately download the Resignation of Agent form from the Sec State website (http://www.sos.ca.gov/business/pdf/ra100.pdf), fill it out and overnight it to the address listed on the instruction page. Send the original, one copy, and a self-addressed stamped envelope and ask them to return a conformed copy. Keep a copy for yourself, pending receipt of the conformed copy.

Best of Luck,

Tom Newton