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substituted service of process possible in DC?

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vample

Junior Member
What is the name of your state? DC

I am suing a corporation (rental management company, an LLC) and am having difficulty getting them served notice in my small claims case. The registered agent for the corporation has refused service via certified mail from the court and a process server I hired has been repeately told he is 'not in'.

Is it possible in DC to have substituted service of process - in other words can I file with the court that I've attempted service a number of ways and have the court allow service (via posting on the office, certififed mail and first class mail) without getting a response from the defendant?

I understand this is possible in some states, is it possible in DC?
 


JETX

Senior Member
vample said:
I understand this is possible in some states, is it possible in DC?
Rules for Service in DC, Rule 4:
(e)Service Upon individuals within the United States.
Unless otherwise provided by law, service upon an individual from whom an acknowledgment has not been obtained and filed, other than an infant or an incompetent person, may be effected in any part of the United States:
<snip>
by delivering a copy of the summons, complaint and initial order to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons, complaint and initial order to an agent authorized by appointment or by law to receive service of process.


(h) Service upon corporations and associations. Unless otherwise provided by applicable law, service upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, and from which an acknowledgment of service has not been obtained and filed, shall be effected:
(1) within the United States in the manner prescribed for individuals by subdivision (e)(1), or by delivering a copy of the summons, complaint and initial order to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant,


I do not find that DC offers a 'publication by service', but appears to be limited only to the above.
 

vample

Junior Member
Thanks for your help. So it appears that from (h)(1) that I also have to serve the specific (and in my case the only) registered agent for the LLC.

Or does the reference to (e)(1) allow me to leave a copy with a "person of suitable age and discretion then residing therein" -- someone that simply works at the location like a receptionist or employee or partner? Or was that simply intended for service of individual and service of corporations differs to only those specifially authorized or receive service
 

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