Asked in Civil Litigation for California

Q: Before I sue, I want to send the defendant a demand. Can I send it to their registered agent?

They have a registered agent. Can I send a demand letter to them. I want to see if they are willing to settle before I sue them.

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3 Lawyer Answers

A: When any entity applies to do business in a State it must designate how it may be served by providing a registered agent for such purpose. You say you are hopeful of a possible settlement and ask whether you may send an initial demand to such a registered agent for the entity. The answer is yes since the entity has officially designated that agent to accept process. I have considered your strategy and am uncertain whether this may be the best way to serve that goal. This method does show the entity that you have already researched its designation of an agent -- which shows diligence and intention -- it will also delay the receipt of the demand by the entity since the agent must thereafter send your demand to the entity.

Dan Rowan Cortright
Dan Rowan Cortright
  • Sebastopol, CA
  • Licensed in California

A: Yes, you may send a demand letter to the registered agent for a corporate entity. In fact, I make it a practice to do so prior to filing suit, and in CA if your claim is under $10,000 and within the jurisdiction of the small claims court, you are required to send a written demand for payment prior to suing.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Yes, in California, you can send a demand letter to the defendant's registered agent. It is a common practice to initiate settlement discussions before filing a lawsuit. Make sure the demand letter clearly outlines your claims and expectations for resolution.

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