Q: In NYS does an Order to Show Cause on an LLC have to be served through the NYS Dept. of State?
A: Not necessarily. Often the OTSC will itself say how it is to be served and if you are preparing one it would behoove you to specify a preferred manner of service. Otherwise, if the OTSC is not an initiating paper in the lawsuit but a subsequent paper then it should be served on counsel and can be mailed. If it is an initiating paper, generally under CPLR 311-A an LLC can be served with initiating papers by personally serving any of its members (if managed by its members) or managers (if managed by its managers), or on a registered agent, or on the Secretary of State under the LLC Law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
