unable to serve the would-be defendent

[good_citizen]

What is the name of your state (only U.S. law)? New York

Hi all:

I have had problems with a particular business. After several attempts to resolve the issue directly with the business owner, I am now resorting to small claims court. The problem is that the officially listed business address does not accept postal mail! That's right, this is the address as officially logged with the county. The serving attempts come back as failed to deliver and unable to forward. The small claims clerks keep telling me that the only way to serve is to provide a valid address. So, is there a way to serve a business under small claims in a way other than street address delivery? Alternatively, is there another way to discover a "real" address of the business, or owner himself, to enable the serving to go through?

Thank you.What is the name of your state (only U.S. law)?

 

[John_DFW]

I can't speak for NY, but in many states you can have them served by process server or constable.

You might also address the issue with the attorney general.

 

[asiny]

I can't speak for NY, but in many states you can have them served by process server or constable.

You might also address the issue with the attorney general.

To add onto that, if the court issued order to show cause cannot be delivered because the address does not accept mail- then you should be able to progress as the court filed to the legal business address. Because it was unable to be delivered does not mean you were not successful.

Inform the clerk that you have provided the court the only, legal, business address that is available. Is the clerk saying you can't proceed because the mail comes back as undeliverable?
Have you gotten the advice of an attorney?
Most courts have a department you can ask questions, but not legal advice. Does the court you are filing through have such a department?

 

[Proseguru]

If it is a LLC or corp. you can serve their registered agent. Visit the secretary of state website for that information.

 

[You Are Guilty]

What exactly is at the address you have for the company? How are they "denying" US mail?

In any event, you can see how to serve the secretary of state here:
http://www.dos.ny.gov/corps/faq_service_of_process.page.asp

You can also double check to see what address(es) the company has on file with NYS here:
http://www.dos.ny.gov/corps/bus_entity_search.html

Worst case scenario, hire a (big) process server. They often have access to additional databases which may help them find an address/person upon which to effectuate service.

 

[good_citizen]

Thanks for all the replies.

@asiny: Yes, the small claims clerk says I cannot go forward without a deliverable address. No, I haven't talked to an attorney yet, mainly because I'm a bit wary of the potential costs.

@YouAreGuilty: I have no idea how this offending business is denying US mail. That's what I want to find out from the USPS when I get a chance.

@JohnDFW: I agree.

@Proseguru: The offending business is neither of those.

 

[Zigner]

Thanks for all the replies.

@asiny: Yes, the small claims clerk says I cannot go forward without a deliverable address. No, I haven't talked to an attorney yet, mainly because I'm a bit wary of the potential costs.

@YouAreGuilty: I have no idea how this offending business is denying US mail. That's what I want to find out from the USPS when I get a chance.

@JohnDFW: I agree.

@Proseguru: The offending business is neither of those.

Hire somebody to walk in to he business and serve the paperwork...problem solved.

 

[Proseguru]

You can serve the owner at home ! Follow him home one day...or check assessor records for where he lives. Or voters registration. Or run his car's plate. No one is invisible.

 

[Zigner]

You can serve the owner at home ! Follow him home one day...or check assessor records for where he lives. Or voters registration. Or run his car's plate. No one is invisible.

Of course the OP can't serve the owner... Your "advice" is dead-wrong.

To the OP: YOU cannot do the service of these documents. You must have a 3rd party serve them.

 

[BL]

Check with local IRS and State taxation offices to see if the address matches and whos name the business is under and any other contact information they can give you.