I am suing a corporation because one their repair shops in my area had damaged a component on my car that they had worked on. I need to serve them the papers to appear in court tomorrow. Who do I give the court summons to? The manager at the garage? Or do I have to send it to the corporate office? That's all I need to know is who is authorized to recieve this court summons. I'm suing them for $1,040 for parts and labor to fix what they have broke on the car. Small claims court.
2007-12-18 12:28:26 · 6 answers · asked by ev1go 2 in Politics & Government ➔ Law & Ethics
NO, the court date is on January, mid January. What I am saying is that the court summons will be sent tomorrow. I filed the lawsuit today.
2007-12-18 12:52:07 · update #1
It depends upon your state's civil procedure? What state do you live in? So we can have a better understanding. But most of the time it can be served personally(through a process server or sheriff). On a corporation, it can be served upon an officer of the corporation, if not available, then a manager, if the manager is not there then upon an employee...that is in MOST cases...it depends upon the state. Then some states allow for service to be sent via mail...regular mail and Certified Mail, Return Receipt Requested, sent simultaneously.
2007-12-18 19:46:48 · answer #1 · answered by Greg M 3 · 0⤊ 0⤋
" I need to serve them the papers to appear in court tomorrow."
No chance.
The shortest notice period I've ever heard of is 10 days. Most States are 21 or even 30.
In addition, as the plaintiff, YOU can't serve them anyway. In most States any "disinterested adult" can effect service, but some require that it be done by an approved process server.
Your States Secretary of State's office, or Department of Corporations, or whatever it's called there, keeps a record of the registered address for receipt of service for all corporations licensed to do business in your State.
Also, are you sure you're suing the right people? Many chains of repair shops etc are franchises or dealerships. Just because the sign says "Nationwide Auto Repair" doesn't mean that "Nationwide Auto Repair, Inc" are the people you sue. Your case might be (and more likely is) against "Joe's Car Repair, Inc (dba Nationwide Auto Repair of Sometown, PA)"
You need to dismiss your case, re-file, and arrange to serve process on the correct defendant in a timely manner.
Richard
2007-12-18 12:33:13 · answer #2 · answered by rickinnocal 7 · 1⤊ 0⤋
A person involved in the lawsuit cannot serve the papers. You have to get a process server or a deputy sheriff to serve them. The Summons or Subpoena should be made out in the name of the person in authority. Sounds like you need to ask for a continuance for the court procedure as this is very short notice.
2007-12-18 12:37:33 · answer #3 · answered by beez 7 · 0⤊ 0⤋
The corporation's registered agent, who is designated to recieve service of process. Check with the Secretary of State in the state where the injury took place...the registered agent is registered there, hence the name.
The first answerer is correct though, one day notice ain't gonna cut it, and hire a process server for $25 or so, or use registered mail if allowed in your state.
2007-12-18 12:35:02 · answer #4 · answered by Josey 2 · 0⤊ 0⤋
You cannot serve them. You must use a Sheriff, Constable or process server or whomever is approved to serve process. I would suggest you go to your State's Secretary of State website and look up who is their Registered Agent for Service and have them served by a proper person. A Lawyer.
2007-12-18 12:34:56 · answer #5 · answered by Larry62 5 · 0⤊ 0⤋
Get your local sheriff to serve the documents, costs like $25 bucks. Since its a corporation, they have to appoint someone for service. I believe the secretary of state has this information, I'd call there since you might need to also serve a board member. You can't do service since you're the plaintiff.
2007-12-18 12:34:06 · answer #6 · answered by John M 4 · 0⤊ 0⤋