Naples, FL asked in Small Claims for Florida

Q: How to send a Notice to Appear when a company changed its name and address of its registered agent to a UPS box?

During the pretrial meeting of the small claim I was told that the case could not been heard because the plaintiff refused to be served the Notice to Appear by the Sheriff's deputy. The registered agent then changed the business name (kept same FEI/EIN number) and the registered agent's address to a UPS location that leases mail boxes and that I cannot use to send another summons.

I do not know where and how to send the new Notice to Appear.

Thank you.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Do you mean that the DEFENDANT "refused to be served"? A defendant can't simply refuse to be served by a deputy sheriff (or private process server either). If the deputy found the defendant in person, told the defendant that he or she was being served with process, and left the papers at the scene, the service is good.

Florida Statute 607.0504 provides that if a corporation can't be served by service upon the registered agent, " process may be served on the secretary of state as an agent of the corporation." Service upon limited liability companies (LLCs) is similar.

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