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Service of Process for an LLC is the delivery of legal documents, such as a notice of a lawsuit.
Other examples of documents that are delivered by Service of Process are:
- subpoena (a demand for documents or testimony)
- summons (requires your attendance at a hearing)
- complaint (the filing that starts a lawsuit)
- writ (requires or prohibits some action)
People who deliver Service of Process are called Process Servers.
After a Process Server serves an LLC, they report back to the court to confirm that the documents were delivered.
Serving an LLC
When a Process Server needs to serve a person, they just serve that individual. But when a Process Server needs to serve an LLC, they will serve the LLC’s Registered Agent.
A Registered Agent can be a person or a company (known as a Commercial Registered Agent).
If there is a lawsuit involving your LLC, a Process Server will make multiple attempts to serve your Registered Agent. They may deliver the court documents:
- in person
- or by trackable mail
Note: Your LLC’s Registered Agent is a key component to how the court and legal systems work. By requiring all LLCs to keep a Registered Agent on file with the state, the delivery of legal mail and court documents can be properly tracked.
What happens after my Registered Agent is served?
After your LLC’s Registered Agent is served, they will send you the legal documents. From there, you can follow the court’s instructions and decide whether you need an attorney.
If you are the Registered Agent for your LLC, the Process Server will bring the legal documents directly to you at your home or business address (whichever is listed on your LLC Articles of Organization).
If a friend or family member is the Registered Agent for your LLC, the Process Server will bring the legal documents directly to them at their home or business address (whichever is listed on your LLC Articles of Organization).
If you hire a Commercial Registered Agent, the Process Server will bring the documents directly to their office.
What’s the best Registered Agent to choose for my LLC?
You, a friend, or a family member can be the Registered Agent for your LLC. Doing this will save you money.
Alternatively, you can hire a Commercial Registered Agent.
Benefits of hiring a Commercial Registered Agent are:
- They are open during regular business hours all week
- Process Servers go to them and not your house or your friend’s house
- They have a system in place to promptly notify you if legal documents are received
What happens if I ignore Service of Process for a lawsuit?
If you ignore Service of Process for a lawsuit, the court case will continue without you.
This will likely lead to a default judgment.
A default judgment against an LLC
As per Rule 55 of the Federal Rules of Civil Procedure, the party suing your LLC can argue their case without you being there.
This usually results in them winning and the court enters a default judgment against your LLC.
In summary, choose your Registered Agent wisely. And don’t ignore Service of Process.
References
Cornell Law School: Federal Rules of Civil Procedure
National Sheriff’s Association: Civil Rules Guide for all 50 States
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.
I want to discontinue using zen business as my registered agent and I want to be my own registered agent. Please let me know the steps to do that, thanks!
Hi Kezia, it depends on the state, but typically you’d file a form called the Change of Registered Agent with the Secretary of State (this would change the Registered Agent to you). Once that’s filed, then you can cancel your Registered Agent services with ZenBusiness. Hope that helps!
Thank you! I found the link and have filed it online. I am set. Thanks so much for the helpful info.
Best,
Kezia
Dang, you were fast. Impressive! You’re very welcome :)
I’ve recently gotten my LLC, but I’ve put my personal address on there. I have a registered agent. Is there a way that I can update his address on my LLC?
Hi Tiara, yes, there is. What state is your LLC in? Did you form the LLC yourself, or did you hire the Registered Agent Service to be your Registered Agent and to form your LLC?