When is a service of process considered to be defective?

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When is a service of process considered to be defective?

A freelance independent contractor of a corporation found service papers against the corporation in his rented private mailbox. The freelancer was not served personally. The freelancer does not live/work in the state and is not authorized to accept legal service for the corporation. Was this process of service defective?

Asked on February 7, 2012 under Business Law, Delaware

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

It is strange. Normally, a registered agent in that state is the person to receive process. Certain level of managers can receive process too if these managers will pass on the summons to notify the corporation of suit. An independent contractor by no means is in the position to receive process if not designated by the corporation.


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