If An Entity Terminates, Can its Registered Agent Still Be Served With Process?

Whether you are an individual or part of an entity, being served with process means you are served with documentation for legal proceedings. Service of process is when one party to a lawsuit or other legal action gives an appropriate notice of intended legal action to the other party; for example, when the plaintiff in a lawsuit has the defendant 'served'. This is done in an effort to exercise jurisdiction over the other party, and to allow them to respond before a court or other legal body (such as a tribunal).

However, what happens when an entity is terminated? You might hear about stories on the news where a company has gone bankrupt, or just gone out of business, and yet people are still filing lawsuits against the company. Or the sole owner has died and the entity is terminated, yet it is still embroiled in litigation. Can process still be served to the representatives of an entity that no longer exists?

The short answer is 'maybe'. Specifics can vary depending on the state the entity did business in, so you will want to speak with a licensed legal representative regarding your specific questions. But generally speaking, registered agents of a business entity may still able to be served process in legal matters. The reason for this is that the registered agent's obligation is to the entity itself, as opposed to specific individuals involved with the entity. So unless their contract specifies otherwise, the agent's responsibility terminates with the termination of the entity. However, if the registered agent is unable to be served, process can still be served on the President, Vice-President, Trustees, general managers, directors, or anyone else who was in charge of the entity when it was terminated.

If you're looking for a professional process server or if you have any questions, contac our experts at Same Day Process Service. 

When Do I Need a Social Media Investigation?

Social media investigations require more than a basic understanding of Twitter or Facebook. It is something that you should leave to the experts. You will require a team of highly trained experts that ensure the data you gather is valuable before a...

Things To Consider When Hiring a Process Server

If you are facing a day in court or have essential legal documents that must be presented to another party, a process server can be an invaluable asset. While a Google search will offer you a ton of local options, it’s essential that you take...

5 Myths About Private Investigation

Private investigation is something that many people have heard of but that very few really know the exact details of. There are some bits and pieces that everyone should know about private investigators that will help you determine what the truth...

How A Private Process Server Can Help You

Process serving might not be an occupation you hear about often, but if you have watched any episode of any courtroom drama, then you have probably seen one in action. A process server is someone who serves legal documents to defendants involved in...

Skip Tracing Defined

Skiptracing refers to the task of finding a person's whereabouts. There are many reasons why this process may be needed. When skip tracing is required, a professional, known as a "skip tracer," is often hired. Some skip tracers are...

Top 5 Reasons for Hiring a Private Investigator

Unfortunately, the world is full of people who commit dishonest, corrupt, and fraudulent acts. If you feel threatened by such a person, contacting a private investigator is smart. By gathering crucial evidence, this expert can often prevent a bad...

Legal Difference Between an Affidavit & a Declaration

Generally, the information in both a sworn affidavit and a statutory declaration is the same. A sworn affidavit contains facts that are written and the affiant swears that the contents are all true before an individual that is authorized to...

How Does One Become a Process Server?

Process servers deliver legal documents to named clients or defendants in legal proceedings. These documents include court summons, subpoenas, complaints and so forth. Process servers are responsible for delivering documents while abiding by...

What is Creditor Harassment?

Blog originally published on August 1, 2016. Updated on July 18, 2022. The phone rings for the fifth time that morning and you cringe as you glance at the caller ID. It’s a debt collector again, and although you’ve already told this...

How to Avoid Scammer Process Servers

When it comes to serving legal documents there are plenty of concerns that you should be aware of. In a world where people are always trying to get more than they deserve, there are now more process server scams than ever before. There are some tips...

How to Become a Skip Tracer

In the legal field, skip tracing is the attempted location of a fugitive who cannot be located by using their home address, usual hangouts, or other traditional means. The term comes from 'skip', meaning someone who has 'skipped...

Online and Social Media Investigations FAQ

No matter how you view it, social media has changed the world. It allows individuals to express themselves in a much different way than the past. The main difference, everything that happens on the internet, stays on the internet. And though it may...
Page: 123456 - All