When you file a lawsuit, the first thing you have to do is make sure the opposing party is aware of the lawsuit. If you fail to make them aware that you’re suing them, then your lawsuit is invalid from the outset. To this end, the law has the mechanism for service of process to ensure that it’s possible for you to notify the relevant parties in a manner that is not unduly cumbersome.
Service of Process
There are a number of variations to this process, but in general, service ensures that the other party receives timely notice of your lawsuit. This can, in many cases, be handled through the mail. It can also be handled by having a process server hand-deliver the package to the party being sued. This is often easier for businesses than for individuals. The Sheriff’s Office can often handle serving an individual as can private process servers. In some instances, with court approval, you can also notify parties of pending litigation by publishing notice of the litigation in the relevant local newspapers.
Registered Agent
Businesses are required, when they file their LLC, corporation, or other business form, to designate a registered agent and address. This is the individual and address responsible for receiving service of process and other official notices. Some businesses use the owner’s home address, the main offices for the business, or other location to ensure they receive timely notice of any filings related to their operations.
Out-of-State Businesses
In the case of a business headquartered out-of-state, if it is doing business in Utah, then it is required to file a similar form with the state designating a registered agent and address. There are businesses that specialize in simply accepting lawsuits and other relevant forms. Known as Commercial Registered Agents, these businesses are uniquely identified by the Utah Secretary of State and work to forward filings and notices along to the business’s main headquarters in a timely fashion. Businesses who fail to be registered can be served through the Utah Secretary of State.
Whatever your case, the experienced team of litigators at the Dunn Law Firm can help you determine who you may need to serve and the best way to do so. We have used mail, process servers, and Commercial Registered Agents to reach the necessary parties. Filing the lawsuit and serving it correctly is only the first step towards successful litigation. To learn more, reach out to the Dunn Law Firm by calling (435) 628-5405 and set up a free consultation today.
