Filing a lawsuit against a large corporation can be scary, but rewarding if done the right way. When you are involved in a business lawsuitagainst a Miami corporation, there are strict rules that lay out which specific employee in the corporation must be notified of the initial legal action. This is called service of process.
- If I file a lawsuit against a corporation in Palm Beach, can the service of process be delivered to any employee for the corporation? The answer to this question is NO!
- A Broward corporation can have hundreds, or even thousands, of employees. It is important that the right person within the company receives the service of process.
Service of Process on a Corporation: Who must the service of process be delivered to?
- The registered agent selected by the corporation to accept service of process, or
- Specified officers of the corporation, or
- In the absence of the specified officers, any director, or
- In the absence of the directors, any officer or business agent.
The point of this rule is to deliver service of process to someone who is held responsible by the corporation in Broward and not a random employee.
- In a recent business litigation case from the Third District Court of Appeal in Miami, a company involved in a business lawsuit against a bank did not make sure that theservice of process was delivered to the correct bank representative.
- Instead, the service of process was incorrectly delivered to a low-level, hourly employee for the bank.
- This type of mistake can delay your case. This can cause a large Fort Lauderdale corporation to lose millions of dollars in a business litigation lawsuit.
- Be sure to discuss this and other important details about your case with your attorney, or if you own a company, with your company lawyer or business litigation law firm.
- To read a free online copy of this legal opinion and learn more about service of process, click here.