Can you servea defendant’s business or does the defendant have to be served directly?
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Can you servea defendant’s business or does the defendant have to be served directly?
I filed a lawsuit against a locksmith that damaged my property during the repair and he refuses to pay. hired an agent to file the case and have defendant served. He is the business owner. The agent says they are having a hard time serving the defendant because of various reasons.
Asked on July 21, 2011 Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Have you named an individual as a defendant in the lawsuit, an entity such as a corporation or limited liability company or both? If you named an individual doing business under a fictitious name, then serving the individual with the summons and complaint is fine.
However if an entity is named in the lawsuit, its designated agent for service of process with the secretary of state in the State incorporated needs to be served with the summons and complaint.
In some states, sub-service of the summons and complaint on an indidual defendant can be made. In such examples, if the defendant cannot be personally served and attempts have been made to serve him or her, the summons and complaint can be left with an adult at the defendant's business or home as stated in the proof of service. Then a copy of the documents is mailed to the defendant at his or her last known address to complete the process.
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