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Suing an LLC, in Texas?

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Boomyal

Junior Member
What is the name of your state (only U.S. law)? Texas

I want to take an automotive repair shop (specifically, window tinting) for ruining the rear window defroster which requires the replacement of the rear window glass.

This entity does business under its corporate name, ie, XYZ, LLC, so there is no dba involved. The business is in one city, it has a 'for hire' Registered Agent halfway across the state and the owner of the corporation apparently lives in California. The business is apparently run by an employee/manager. (name available)

My question is, who do you name in the Small Claims Filing? If you name XYZ, LLC, is that sufficient and is the resident employee/manager suitable to receive the service?
 


Boomyal

Junior Member
The LLC will have a registered address or a registered agent recorded where service is to be made.
Well, I hope that is not the only option as the LLC's Registered Agent is halfway across the state of Texas. For a small claims case, the System cannot possibly require a potential Plaintiff to go thru the necessary motions to serve an entity so far remote from where the business is located and the breach occurred.

That would fly in the face of the intent of Small Claims Court to be the easily accessible means of redress for the common man.
 

FlyingRon

Senior Member
You must serve them properly. You list their registered agent on the filing. Unless you're going to file in the county where their registered agent is, you'll pay the nominal Service Fee ($75 in Dallas County, for example). Doesn't matter where they are, same price.
 

Boomyal

Junior Member
I am confused! The registered agent and the business are in two different counties. Suit will be brought in the county that the business is in. Are you saying that the suit must be filed in the registered agents name, not the business (LLC) name OR that you name the business in the suit and direct the service to the Registered Agent? If the later is so, how would you name the service? Company XYZ, LCC c/o Registered Agent ABC, Co. in Austin?

Also, I am not familiar how you arrange for service in Lubbock County, TX. In my neck of the woods (portland OR), you take your court filing to the Sheriff's Office and have them do it. But that would obviously not work if you have to send the service to a different county.

btw, service in Lubbock County is $83. per named defendant.
 

Boomyal

Junior Member
How do you affect the service between counties?...and when you direct the 'service' entity to serve the LLC via the Registered agent, how do you title the service request?
 

FlyingRon

Senior Member
How do you affect the service between counties?...and when you direct the 'service' entity to serve the LLC via the Registered agent, how do you title the service request?
Gosh darn, it's straight forward. Did you actually go to the court website and read the information they provide? You use the name of the corporation but for the address you put todwn the registered agent.
 

Boomyal

Junior Member
OK, at your prompting, I did go to the Lubbock County Website and found a link that verified what you said. What they did not answer was how to serve a registered agent in another county. However this would be a procedural question (as opposed to a legal) question and the "Civil Department" should be able to answer it.

Thanks! I am just trying to be a help, long distance, to a young man who has never had any small claims experience.
 

Dave1952

Senior Member
Alright, you have the registered agents address. Locate and hire a process server in that county. Hire him to serve the agent. The process server should give the court documents to the registered agent. The process server will send documents to the court proclaiming that the business was served.
Save the receipts from the server. If you win, you get to recover the costs of the process server.
 

Boomyal

Junior Member
In my neck of the woods (Portland OR) you include the cost of filing AND the cost of service in the initial filing. That way if the party decides to settle out of court, he will have an official document that includes those costs along with the actual damages. Hopefully, Lubbock County works the same way.

...and yes, we do have the name and address of the LLC's registered agent.
 

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