Last updated
Service of process is how a court case officially reaches a company. The person who starts a lawsuit has to deliver the summons and complaint in a way the law accepts. For a limited liability company, that delivery usually goes to its registered agent. That is why the state wants an agent with a street address on file. This page explains the path in plain words. It is general information, not legal advice.
Who is served for an LLC?
The registered agent named in the company's state record is the standard person to serve. Rules for who else can be served vary by state and by court, so a lawyer should confirm for any real case.
The agent's duty is simple. Virginia says the agent's sole duty is to forward process, notice or demand to the company. North Carolina says the same. Delaware adds the annual tax statement to what the agent forwards. Our state pages quote the sources: Virginia, North Carolina and Delaware.
What does service look like?
A process server or an officer hands over a packet. It includes a summons, which gives a deadline to respond, and a complaint, which states the claim. Some states allow service by mail or by other methods the court approves. The time you have to respond starts from service, not from when you read it.
What if the company has no agent?
Many states appoint a state office as a fallback. Virginia names the clerk of the Commission as agent when none is on file. North Carolina's Secretary of State becomes the agent. In Washington, the rule sends mail to the principal office and then to the Secretary of State. When the state is the agent, it forwards the papers to the address it has, which may be wrong. The company can miss a case and face a default judgment.
A missing agent can also lead to administrative dissolution. Illinois, North Carolina and Washington list it as a ground in their records. Read our entity status guide to see how a record shows this.
How do you keep service from going wrong?
- Keep a working agent on record. Check it each year when you file your annual report.
- Use a real street address with a person at it. See be your own registered agent or registered agent services.
- Change the agent fast when you move or the agent resigns.
- Check the record. Our registered agent lookup guide shows how to see who is listed.
What should you do when papers arrive?
Write down the date and time. Read the response deadline. Do not ignore them. Call a lawyer right away, because the deadline is short and the rules depend on the court. If you are forming or running an LLC and have no agent set up, start here.