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What is Service of Process or SOP? |
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| Definition and description
of the service of process |
Very simply put, service of process or SOP is the action of
hand delivering important legal and tax notices to individuals
and businesses alike. All have a right to receive notification
in writing if they are being sued or summoned.
To ensure receipt of this notification, process servers locate
individuals and business entities in order to complete this
hand delivery. Per LawGlossary.net, a process server is “a
specially licensed person who is authorized to serve certain
types of legal documents.”
In terms of businesses, service of process is pursued through a
company’s registered or statutory agent. This party will
receive all legal notices through due process. The process
server will research through the Secretary of State or other
corresponding State agency with whom statutory agents are
registered. Once the proper authority i.e. statutory agent is
located, the personal delivery of summons or other legal notice
ensues.
In the event that service of process cannot be completed, a
business entity may miss a court filing, hearing, or other
important information. Keeping a business running efficiently
means having a reliable registered agent (if the business owner
or other executive does not take on this role).
Without this reliable party a company could fall short when it
comes to necessary legalities and may in turn need to spend
unexpected finances on legal fees that would have never been
required had the appropriate statutory agent been registered
and available for service of process.
It goes without saying that not having a registered agent (who
has a local physical address and is available during normal
business hours) can literally make or break a business. In
short, you should not avoid spending the money on a
statutory/registered agent.
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