Small Claims for Out of State Large Business

[lmtrasat]

What is the name of your state? TX
I want to know how I take American Home Shield to small claims court...their headquarters is in another state but they provide services in TX. Who do I name and what address do I provide?

 

[PayrollHRGuy]

Go here. https://mycpa.cpa.state.tx.us/coa/search.do it is the Texas Sec of State's business lookup site. You are looking for the registered agent.

There are three that show up when you search for the company as you have listed named it. Make sure you have the correct entity.

 

[Zigner]

You need to also check your contract because there are likely limitations that you already agreed to.

 

[Taxing Matters]

What is the name of your state? TX
I want to know how I take American Home Shield to small claims court...their headquarters is in another state but they provide services in TX. Who do I name and what address do I provide?

You name the business entity that you have the claim against. Many large businesses are organized with a parent company and one or more subsidiaries. You need to make sure of which entity (i.e. which subsidiary) is the one that you have the claim against. When you serve the summons and complaint the easiest way to do that is make the service on the registered agent in the state.

 

[Litigator22]

What is the name of your state? TX
I want to know how I take American Home Shield to small claims court...their headquarters is in another state but they provide services in TX. Who do I name and what address do I provide?

Please note that your pleading or claim in a Texas Justice Court * (or a District Court) would need to set forth allegations subjecting the defendant to the court's personal jurisdiction over the defendant as per the state's Long Arm Statute. (See: Texas Civil Practice & Remedies Code Section 17.042)

If for some reason the defendant has not designated a statutory resident agent, then substituted service of process can be affected through the Secretary of State. (See: Texas Civil Practice & Remedies Code Section 17.044)
___________

[*]Texas Civil Practice & Remedies Code Sec. 27.033. OTHER POWERS. A justice of the peace may:

(1) exercise jurisdiction over other matters cognizable before a justice of the peace under any law of this state; * * *(Emphasis added)

 

[FlyingRon]

American Home Shield is a foreign corporation in Texas, but they do have a registered agent there persuant to Texas law.

You can serve them via:

CT CORP SYSTEM
1999 Bryan St., Ste. 900
Dallas, TX 75201-3136 USA