[MD] Is service of process on a registered agent valid if the LLC is forfeited or not in good standing?

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Liz

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That could cause issues. The registered agent could refuse service. You may want to add the corporate address if it's current.

If you get a default in MD, you'd still have to take it to GA to collect.

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In Maryland, if a business entity is “forfeited,” can you still serve the resident agent with a summons/complaint and have it be proper service of process?

Lexi, Chatbot

I understand that dealing with legal processes can be quite stressful. Can you please confirm if the business entity in question is a corporation or an LLC?

The business entity was registered as an LLC.

Lexi, Chatbot

Have you already attempted to serve the resident agent, or are you looking for guidance on how to proceed with service of process?

Well, the clerk of court transcribed the address incorrectly, so service of process was attempted at the wrong address. The address is being corrected so it can be attempted again.

Lexi, Chatbot

Is there anything else the corporate lawyer should know before I connect you? Rest assured they’ll be able to help with your service of process issue.

No.

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I am here to assist with your legal concerns. So I can best help, when did the forfeiture occur?

So I am trying to serve a summons and complaint on a registered agent in Maryland, who is the RA for a company in Georgia. However, according to the Maryland Business Express, the LLC is not in good standing. Is it still considered proper service of process if the RA is served?

Liz

Thanks for sharing that. Serving a registered agent can still be valid even if the LLC isn't in good standing. Do you know how long it's been without good standing?

It was forfeited on 10/15/2021 at 9:33 PM. Would it be beneficial to also add the corporate address to the summons and pay Fulton County, GA to serve the summons? Would I be able to request that amount back in the judgment?

If I were only to serve the RA and an attorney did not appear for the hearing, would I still need to file a foreign judgment with Fulton County, GA in order to collect?

Liz

That could cause issues. The registered agent could refuse service. You may want to add the corporate address if it's current.

If you get a default in MD, you'd still have to take it to GA to collect.

So really no reason not to add the CEO and/or another executive to the complaint and have it served on them since I would need to collect the judgment in GA.

Liz

Adding the CEO or another executive could get a response, but you'd still have to collect in GA.

Let me ask you this—when I filed the complaint, the clerk transcribed the address of the RA incorrectly, so the summons was not served to the RA. Would it make more sense to remove the RA and serve the LLC directly in GA, since their business license in MD has been forfeited for so long?

Liz

It can make more sense to just serve in GA since the MD business was forfeited.

Yeah, I think that's what I am going to do. And it is my understanding that when you change an existing complaint, you either underline or bold the additions on the updated complaint. Is that correct? The clerk would not give me an answer as she said that was legal advice.

Liz

You can do a redline, which is done in MS Word by using track changes.

Do I select “Private” in the “Serve By” section on the complaint?

Liz

If you're using a private process server, yes, you would select that.

Ok, excellent! Thank you for all your help!

Liz

You're very welcome! I hope you have a great day!

You too! If there's anything I can assist with, just let me know.

Liz

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