Who can accept service for a corporation?
While a lawsuit begins with the filing of a complaint, the real action in the lawsuit typically does not begin until the defendant answers the complaint, which must happen 30 days after the defendant is served with the complaint. Once the defendant answers the complaint, the process of discovery (commonly understood as the investigation or “collection of evidence” phase of the lawsuit) begins, which I will discuss in later blog posts. However, in many cases, serving a complaint can become a costly and time-consuming investigation itself. That is especially the case with a corporation (or other type of business entity), which can only be served on particular agents of the corporation.
While a corporation is considered a “person” for legal purposes (click here to read about what that means), it’s not an actual person and, therefore, cannot be served with a complaint. As a result, an actual person must be personally served with a complaint, meaning sheriff’s deputy or private process server must put a copy of the complaint, along with a summons, into such person’s hands. But not any person who works for the corporation is qualified to accept service of the complaint.
What persons can accept service of the complaint? There are three general categories of acceptable agents for service: (1) a principal or officer of the corporation; (2) a managing agent within the corporation; and (3) the registered agent for the corporation. The first and third categories of persons do not need any discussion on this topic. Their titles or roles within the corporation identify them as proper agents for service. The second category, a “managing agent,” can be difficult to identify. A managing agent is a person “occupy some position of managerial or supervisory responsibility within the organization.” Khawaja v. Lane Co., Inc. The managing agent’s responsibilities position must afford “reasonable assurance that he would inform insurer of process, although he was not designated agent for service of process.” McClendon v. Elzora. A shift manager at a restaurants has qualified as an agent for service because such person was “responsible for supervising other employees, manager handled customer complaints, quality control, and creating reports for upper management.” A receptionist or personal secretary to an officer generally cannot accept service of a complaint. Service on someone who resides with an agent for service at the agents’s home (e.g., the agent’s spouse) cannot accept service either. DeJarnette Supply Co. v. F. P. Plaza, Inc.
As an experienced Atlanta business lawyer, I’ve handled many cases with corporate service issues. If you need help ensuring your lawsuit is properly served on a corporate defendant, or if you have questions about whether service of a complaint on your business was valid, please call me at (404) 445-7771 or email me for a consultation about how I can help you enforce and protect your legal rights.