An agent for service of process is an individual or business that accepts important legal and government notices on behalf of an LLC or Corporation. Service of process refers to the process of notifying a party that another party is bringing legal action against them. It gives a defendant notice that an action has been brought against them and the opportunity to respond and mount a defense.
Legal Requirements and Procedures
Most corporations, limited liability companies (LLCs), and other business entities need a Registered Agent for Service of Process. The registered agent’s duty is to receive and forward that SOP to the entity’s designated contact within the service bracket. The defendant must be “served” with court papers, which give the defendant notice, before a lawsuit can have legal effect.
Process agents accept service of notices, proceedings or documents on behalf of their overseas clients in situations where it is not possible for them to be served abroad. The individual or business entity is required to have a designated party to receive these notices of service of process and important state documents.
Can I Be My Own Agent in California?
- Agents must be California residents and have a physical address in the state.
- The individual should be available during business hours.
- The name and address are public record.
- To change an agent’s information, submit paperwork to the California Secretary of State.
Advantages of using a registered agent service include increased privacy and secure document storage. Prices range from $10-$15 per month. An LLC owner or other individual meeting requirements can also serve as agent.
The Process Server’s Role
To become a Process Server, you must obtain the appropriate license from the State in which you wish to serve Court documents. Every U.S. business must have an agent to receive service of process before a lawsuit takes effect.
An agent for service of process is a representative upon whom court papers may be served, on behalf of the appointing parties, and to deliver those court papers per the instructions of the appointing parties. This is called "service of process". Depending on the state, the agent may also be referred to as a statutory agent.