How to Sue When a Business Has No Registered Agent in My State

Justice often takes work.

While the law in each state varies, generally businesses are required to maintain registered agents in states in which they do a significant level of business. However, it is possible to sue a business in a state of the plaintiff's residence, for example, even if the business being sued has no agent there. Where it is legally possible to sue someone in this context is called "venue." Generally speaking, venue includes the state where the plaintiff--the person suing--resides. Whether or not a court in your state has power to judge a business in another state is called "jurisdiction." That will depend on many factors. The key to effecting both is to "serve" or give proper legal notice to the defendant.

Instructions

Identify the Parties

1. Look in any of the company's official documents you may have regarding your business with them for the legal name of the corporation. It should also include reference to a state, such as "incorporated in the state of..." or "a Florida corporation." Make note of both.

2. Go the secretary of state's website for that state and do a business entity search with the name information you have. You should be able to find the company's full legal name, ownership and primary corporate address this way.

3. Take note of the registered agent's name and address in the primary state of incorporation.

Consider Alternate Methods

1. Contact the company about your complaint. The more rational, calm and specific you are with information describing your problem and desired redress, the better the odds of resolving the dispute without expensive litigation.

2. Request that any representations the company may make regarding a potential solution be put in writing. This makes it easier to enforce.

3. Contact an attorney at this point to request a letter of demand. Sometimes the simple appearance of letterhead from a law firm will catch attention you may not get as easily as an individual. Usually this service is not unduly expensive.

File a Lawsuit

1. File a lawsuit in small claims court. Small claims court is usually viable for lawsuits by individuals and where the amount of money or the redress sought is under a certain amount. This varies by state, but is typically in the neighborhood of $5,000 to $10,000. Court websites searchable by state or county will list these limits and basic how-to information. In small claims there are no attorneys, and the county clerk is often more helpful, providing forms you can use and a set procedure to follow.

2. Hire an attorney to file a lawsuit for you if your suit does not qualify for small claims. It is not advisable to sue without attorney assistance. Too many rules and the consequences of not following them may make it difficult to succeed.

3. Serve the registered agent with notice of litigation. Your attorney can give you the best advice about where to file the suit, but in general, the county where you live, especially if the problem occurred there, is usually proper. Service of process comes after suit is filed and just means giving legally accepted notice to the the defendant of the fact that they are being sued. This is generally done by private process servers and/or law enforcement, often the county sheriff's department. It may be part of the filing fee you paid when you filed the lawsuit; ask the clerk. If there is no registered agent in your state or the state in which the problem/dispute is rooted, it may be possible to serve the registered agent in the state where the company is incorporated.

Tips & Warnings

• Read all available information on the website of the court system in your county.

• Verify the company name and agent in its state of incorporation and be specific when you refer to them.

• To find corporate information, use search terms "secretary of state Texas."

• Seek the advice of an attorney; brief initial consultations are generally free.

• If you sue without legal help, keep the document brief and limited to facts, not feelings.

• Because each state's laws and individual situations vary, the only way to gain reliable legal advice is to consult your own attorney licensed in your state.

References

• Consumer Action Website: How to File a Complaint; Legal Help; Small Claims Court