Q: What action can be taken if the business would not provide an address where a summons could be served?
I began a small claims action against a defendant for work done cleaning the roof of my home, which damaged the gutters. The server said the address I provided had no such business, but that he made phone contact with an individual at the business who would not provide a business address where service could be made.
A:
In Florida, a business entity can be served either by serving its registered agent for service of process or by serving the person holding one of the positions within the entity that are specified by statute. You can search for the names of such individuals and the address where each can be served through the State's online web portal: https://dos.fl.gov/sunbiz/search/
If a business entity's registered agent cannot be located at the registered address, then you may be able to serve the business through the State office as a possible method of substituted service of process.
A sole proprietorship (which includes an individual doing business under an assumed name) can be served by serving the individual person doing business as a sole proprietor at his usual place of residence or place of business. These are often listed in online telephone directories or a variety of other sources.
As the plaintiff who transacted business with the defendant, it is incumbent on you to provide this information to the process server and to ensure that the correct information is contained in the papers you file with the court.
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