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  1. #1
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default How to Serve an Out-of-State Company With No Registered Agent in the State

    how can I have a collection agency served in Washington if I'm suing them in Florida & they have no Registered Agent in the State of Florida?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Suing foreign corporation

    If you are going to sue a foreign (out of state) corporation, you need to be sure that it has sufficient contacts with your state such that your state's courts will exercise jurisdiction. I assume that this Washington collection agency has been attempting to collect a debt (or debts) from people they know to be Florida residents; that may well suffice.

    The general rules for serving a Florida corporation are:
    Quote Quoting Florida Statute 48.081
    (3)(a) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered agent because of failure to comply with s. 48.091, service of process shall be permitted on any employee at the corporation's principal place of business or on any employee of the registered agent.

  3. #3
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default

    can you sue them for violations of WA state law as well as FL law and Federal? can the judges in FL enforce the laws of WA?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default State and Federal Claims

    Quote Quoting GreatGadsby
    can you sue them for violations of WA state law as well as FL law and Federal? can the judges in FL enforce the laws of WA?
    You can ordinarily bring both state and federal claims in the same state court lawsuit.

    Ordinarily, though, in interstate disputes the court will apply "choice of law" principles to decide which state's laws will govern its decision-making. That is, a court would ordinarily apply one state's law or the other's, not a combination thereof, for any given legal claim. (There may be situations where a legal instrument, such as a trust or contract, is interpreted under the laws of the state where it is drafted, then enforced under the laws of the state where the allegedly wrongful conduct occurred.)

  5. #5
    Join Date
    Apr 2005
    Location
    california
    Posts
    12

    Default out of state

    hi

    am i correct in saying "serve the secatrey of your state"

    in sustitution for out of state defendants.

    moke

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Service on out-of-state defendant

    It depends upon the state's rules of civil procedure. That's a commonly available alternative where a company is operating in the state but has no registered agent.

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