What is Service of Process?
According to Black’s Law Dictionary, Service of Process “is the formal delivery of a writ, summons, or other legal process or notice.” Once a company has been served, the clock starts on the time allowed for a response. A Service of Process will usually include information regarding the nature of the complaint (the reason the lawsuit was filed) and the amount of time the company has to respond. It may also include information regarding other documents the court requires.
Who Accepts a Service of Process?
Some companies have a designated employee who is responsible for receiving and processing Services of Process. However, since company employees take lunch breaks, are out sick, or go on vacations, this is not always the best way to handle the receipt of such legal documents.
Other companies utilize a professional registered agent service to receive their Services of Process and other legal documents. This not only protects the company’s privacy but ensures timeliness since all such documents will be received during normal business hours and will not be missed due to vacations or sick days. In addition, registered agents will promptly process and forward details of the Service of Process to the company they represent to avoid any further legal repercussions.
What Happens after a Service of Process is Delivered?
Once the registered agent receives a Service of Process, they will notify the company they represent of the document and may include some basic details. The company served should notify their lawyer immediately to draft a response. The length of time allowed for a response varies and the information will be provided on the document.
Is a Company Required to Have a Registered Agent?
Yes. Each state requires that a company operating within their jurisdiction has a registered agent who will sign for a Service of Process. Some companies use a designated employee within their organization as a registered agent though others utilize a registered agent service in order to avoid having any legal documents missed due to employee absence.
How Does RASi Handle Service of Process?
RASi has created an efficient method of recording and relaying Services of Process documents. Upon delivery, RASi will prepare a Service of Process Receipt that contains the basic details of the document. The document will then be scanned and recorded in our secure database which can be accessed through the company’s Corpliance account. The company will be notified through either email, phone call, or a combination of both and the documents forwarded per the company’s instructions.