Selecting an Agent for Service of Process for Your Business or HOA
All corporations, limited liability companies, limited partnerships and limited liability partnerships in California, including homeowner associations, must select an Agent for Service of Process (Agent) when they are formed, but may change the Agent at any time. The Agent is the person who is actually served with a lawsuit should the business be named as a defendant. Many businesses select an owner as the Agent. Your company can protect its interests by having us serve as your Agent for Service of Process.
There are significant disadvantages to having an owner serve as Agent. If a plaintiff who files a lawsuit is nasty, he or she may select a time and place to serve an owner acting as Agent so as to cause additional harm and/or embarrassment. We have seen situations where Agents have been served with frivolous lawsuits under the following circumstances:
- At his or her place of business when the Agent was with a customer,
- At a Rotary lunch,
- While dining at her private club,
- At his place of business in the presence of his staff,
- At a Chamber of Commerce function,
- Upon leaving church, and
- At her home in the presence of her spouse and children.
For a modest fee, we can accept service of any lawsuit filed in California, and we can provide you with a brief explanation of the claims. Please contact Michael Chulak if you would like to change Agents.
San Diego HOA Management