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.

Related Topics:
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
Answered
  • 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

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.