How is a legal entity served?

[small.claim]

Hello everyone,
I want to file a small claim. I have never done this before. I overpaid for medical services, and just cannot get the reimbursement.

I went to the small claim court and started to complete the form, but came across a question.

If I indicate as the defendant, the doctor's company name, as ex:"A.Smith DMD and Associates PL" and the physical address of the practice, how are they going to serve them? Are they going to just sign the certified mail by whoever is going to be at the desk office? Is this considered as served?

I will be glad to hear any suggestions.
Thank you

 

[tranquility]

Your first step would be to provide the state.

 

[FlyingRon]

You need to have answered the question, what state are you in.

Corporations have a registered agent. Professional Limited Liability Companies are typically served at their place of business and received by a member who is in charge of that office.

 

[small.claim]

Your first step would be to provide the state.

State - Alabama

 

[swalsh411]

When you say you overpaid do you mean you were sent a bill for $1000 but inadvertantly paid $2000, that you believe you were charged for services you either did not receive or did not need, that you were overcharged beyond what is reasonable, or something else?

 

[small.claim]

You need to have answered the question, what state are you in.

Corporations have a registered agent. Professional Limited Liability Companies are typically served at their place of business and received by a member who is in charge of that office.

ex: "A.Smith DMD and Ass. P.C." Does this mean, that the person who brings the certified mail is going to ask the "front desk" ladies:"Who is in charge of this office?"

Could you please clarify it for me?
Thank you

 

[small.claim]

When you say you overpaid do you mean you were sent a bill for $1000 but inadvertantly paid $2000, that you believe you were charged for services you either did not receive or did not need, that you were overcharged beyond what is reasonable, or something else?

I paid my portion for the service on the day of the service. After my insurance company paid too,their report shows that I owed less then what I paid on the day of my service.

 

[TheGeekess]

Hello everyone,
I want to file a small claim. I have never done this before. I overpaid for medical services, and just cannot get the reimbursement.

I went to the small claim court and started to complete the form, but came across a question.

If I indicate as the defendant, the doctor's company name, as ex:"A.Smith DMD and Associates PL" and the physical address of the practice, how are they going to serve them? Are they going to just sign the certified mail by whoever is going to be at the desk office? Is this considered as served?

I will be glad to hear any suggestions.
Thank you

State - Alabama

http://williampfeifer.com/law/alabama-rules-of-civil-procedure
(Note: I am not affiliated with any private firm whose website I have listed here. I have done so merely as a courtesy and for informative purposes only)

 

[small.claim]

When you say you overpaid do you mean you were sent a bill for $1000 but inadvertantly paid $2000, that you believe you were charged for services you either did not receive or did not need, that you were overcharged beyond what is reasonable, or something else?

Can you help with my question?

 

[Zigner]

Can you help with my question?

Review the rules of civil procedure that were generously linked by TheGeekess

ETA: Heck, you could even get it straight from the horse's mouth:

http://judicial.alabama.gov/library/rules_civ_procedure.cfm

 

[small.claim]

I am reading the rules but I can not find the answer to my question. My question is more practical.
Ex."A.Smith DMD and Ass. P.C" has a practice in Alabama. There are two doctors in the office, Dr.X and Dr. Y, assistants and front desk ladies.
I overpaid "A.Smith DMD and Ass. P.C".
If the company is served at the physical address, who is going to sign the certified mail?

 

[TheGeekess]

I am reading the rules but I can not find the answer to my question. My question is more practical.
Ex."A.Smith DMD and Ass. P.C" has a practice in Alabama. There are two doctors in the office, Dr.X and Dr. Y, assistants and front desk ladies.
I overpaid "A.Smith DMD and Ass. P.C".
If the company is served at the physical address, who is going to sign the certified mail?

More than likely the warm body sitting at the front desk when the mail is delivered.

 

[Zigner]

I am reading the rules but I can not find the answer to my question. My question is more practical.
Ex."A.Smith DMD and Ass. P.C" has a practice in Alabama. There are two doctors in the office, Dr.X and Dr. Y, assistants and front desk ladies.
I overpaid "A.Smith DMD and Ass. P.C".
If the company is served at the physical address, who is going to sign the certified mail?

Patty - that's her job.

 

[small.claim]

More than likely the warm body sitting at the front desk when the mail is delivered.

Will this be considered as properly served? In this case will the "A.Smith DMD and Ass. P.C" (more likely their lawyer) be able to say :"We did not receive anything" and not show up on the court day?

 

[small.claim]

FOUND IT. THANKS EVERYONE!!!

4(i)(2)(C) provides greater detail as to who
signs for receipt of
certified mail. If the defendant is an entity, such as a corporatio
n within Rule 4(c)(6), the “addressee"
will have to be a person defined in that
rule, such as an “officer” or a “managing
agent.” An “agent” of the addressee may validly receive and sign for the certified
mail, if that “agent” is a person spec
ifically authorized by the addressee to
receive the addressee’s mail. For exampl
e, an officer of a corporate defendant
would be a proper “addressee” for serving
the corporation by
certified mail, and
that officer could have designated a secr
etary or mail clerk to be the person who
regularly receives the officer’s mail.