What Is an Agent for Service of Process?

So, what is an agent for service of process, and why should you choose one? At FMCA Filings, we're the source of knowledge for all your trucking questions. We're also the place to easily and efficiently submit your BOC-3 filings and other paperwork you need to stay compliant.

Keep reading to learn about your agent for service of process and tips for finding the best one.

Understanding an Agent for Service of Process

An agent for service of process refers to an individual or entity that acts as a representative of another registered business, such as a limited liability company, while accepting official documents. Their most common responsibility includes accepting legal paperwork and government notices on behalf of the client (your business).

You must have a registered agent in every state you do business in. Therefore, if you own an intrastate trucking company, you'll likely only require a single agent, but if you manage an interstate commerce entity, you'll need multiple agents.

Your agent can accept the following documents on your behalf:

• Summonses for a lawsuit against your business
• Plaintiff complaints and lawsuit reasons
• Answers to your formal written responses in a lawsuit
• Subpoenas requesting documents or testimony
• Legal motions from attorneys requesting a court decision
• Local, state, and federal tax notices
• Compliance-related notifications on the federal, state, and local level
• Wage garnishment notices for your employees

The Importance of Your Agent

As a business owner, you have a lot of responsibilities and aren't always available to receive important notifications. While you may trust an employee, like an office manager, to receive, sort, and deliver your everyday mail, the state requires a qualified and responsible agent to receive your most important documents. This means you won't succumb to the penalties involved in not receiving legal notices or timely tax documents.

Your secretary of state may impose penalties if you fail to maintain a registered agent.

Choosing Your Agent

Now that you know "What is an agent for service of process," you can choose the best agent to serve your business. Consider the following factors when looking for your agent.

Who Qualifies as an Agent?

You can choose a qualified agent from among the following options, provided they reside in the state:

• An LLC member or corporate shareholder
• An employee
• A qualifying friend or family member
• A commercial registered agent
• A licensed or certified legal or financial representative like an attorney, accountant, or tax specialist

While each state maintains different qualifications, in general, you must select a person at least 18 years old with a non-PO box physical address who operates within regular business hours.

Availability

If you designate an individual to serve as a registered agent, seriously consider whether they have the availability you require. When you choose a single person, they're the only ones who can accept the paperwork, even if they work for a larger company. They must remain consistently available between 8 a.m. and 5 p.m. Monday through Friday. 

If someone delivers a document when your agent is on vacation or a lunch break, you could experience some serious consequences. For this reason, many experts suggest choosing a registered commercial agent or business entity like a law firm or accounting agency.

Privacy

When deciding on your agent, consider your privacy and the potential for embarrassment. Do you want your employees, friends, and family to know your business has legal problems?

Also, remember your agent's name appears on your public records. An individual may have privacy concerns about this, whereas the name of a business entity provides more anonymity to specific employees within that business who receive your documents.

Interstate Operations

Because you need an agent in every state where you register to conduct business, consider working with an agent who maintains offices in multiple states. This can streamline the process because, rather than coordinating with multiple individuals or companies, you can centralize your communications.

Additional Considerations

If you believe you get what you pay for, expect the same from an agent for service of process. For a higher level of service, ask whether your potential agent can provide additional services or qualifications. Consider the following questions:

• How many states are they registered to operate in?
• Do they provide a free online portal?
• Can you obtain a discount for hiring them in multiple states?
• Can they deliver documents electronically?
• Do they provide a money-back guarantee for dissatisfied customers?

Learn More at FMCA Filings

What is an agent for service of process? It's an important representative that can responsibly accept your important paperwork. At FMCA Filings, we help trucking companies run more efficiently. Whether you're looking for more information about your level 1 DOT inspection or need to file UCR adjustments, we make the process easy.

You can reach out to us by filling out an online form or speaking with a team member using our live chat feature.