Hi all, I've decided to file a small claims suit for my student loan (long story - they've messed it up big time). Usually when you serve an organization you need to serve their registered agent. Since this is a non-profit - I was told you need to serve one of their Board of Directors. I called NHHEAF- and do you know they told me they had NO idea and "didn't have access" to that information. Frustrating. I've done some research on the web and found a Board of Trustees. Do you think this is the correct thing? I don't want this dismissed because I served the wrong person. This is for NH Higher Education Assistance Foundation (NHHEAF) Thanks for any help, ideas or input. Mommy2cats
Have you considered hiring a process server? They can get it done for as little as $75, and save you both the time and the aggravation. The state you live in should have a professional process server's association.
Re: Frustrated - Trying to file sui Thanks for the help. Actually, I think I've found it. I've been researching on the web for hours reading their newsletters and press releases. I have found the President and CEO of the Board of Trustees for the foundation. I see no mention anywhere of a Board of Directors, so the Board of Trustees must be it. I figure if I send it to him in care of the foundations's address that should be proper. I'm going to research that just a little further before I do. Since I'm doing this in Small Claims - unless I need a process server - it's probably not needed. I just needed to find the right person. But that's a good thing to know for others who may need that information - thank you! Mommy2cats
One other point, you should always provide the state in which you are filing suit. Here's some information from the Texas practice guide: § 8:108 Service of process on nonprofit corporations Under the Texas Nonprofit Corporation Act, the president and vice presidents of a domestic or foreign nonprofit corporation and its registered agent are all agents of the corporation upon whom any process, notice, or demand required or permitted by law to be served upon the nonprofit corporation may be served. When the chief executive function of a nonprofit corporation is authorized to be performed by a committee, service on any member of the committee is deemed to be service on the president. See Tex. Rev. Civ. Stat. Ann. art. 1396- 2.07(A) (service of process on domestic nonprofit corporation); Tex. Rev. Civ. Stat. Ann. art. 1396-8.09(A) (service of process on foreign nonprofit corporation); see also Tex. Rev. Civ. Stat. Ann. art. 1396-8.09(D) Article 8.10(D) of the Business Corporation Act does not apply to service of process on foreign nonprofit corporations).
Re: Frustrated - Trying to file sui Thanks again. In my case I live in Arizona but am filing against a non-profit in New Hampshire. Basically, as long as I serve the correct person it should be fine according to all the information I've located for NH Courts. What threw me off was that I was looking for a registered agent - and then when I called the Secretary of State this morning - I found out that non-profits do not have registred agents. The woman told me to find the Board of Directors.... and that was the start of my fun when the foundation told me they didn't have access to that information..... Mommy2cats
Important: You said "you" were going to send it to him. Ordinarily, a party to a suit can't serve process, i.e. it needs to be someone independent from the suit - a friend will suffice. If I were you I would carefully review the service of process rules for small claims court in your state. If you are going to do it by certified mail, for example, there may be further restrictions (e.g. only the small claims court clerk may effectuate certified mail service). Just be sure to review the service rules for your court, and you will be fine. There should be a pro se small claims information packet available that will explain all this.
Re: Frustrated - Trying to file sui I will be doing this by certified mail, rr. I will double check, but when I lived in that state - that's how small claims worked - one could serve by certified mail. Mommy2cats
Well, I'm still not clear on where you are filing suit, but your sentence gives the impression you are filing in New Hampshire. Anyway, I'd take a look at the following before you proceed. Good luck. ARIZONA REVISED STATUTES TITLE 10. CORPORATIONS AND ASSOCIATIONS CHAPTER 28. OFFICE AND AGENT--NONPROFIT CORPORATIONS ARTICLE 1. PLACE OF BUSINESS AND AGENT § 10-3501. Known place of business and statutory agent Each corporation shall continuously maintain in this state both: 1. A known place of business that may be the address of its statutory agent. 2. A statutory agent who may be either: (a) An individual who resides in this state. (b) A domestic business or nonprofit corporation formed under this title. (c) A foreign business or nonprofit corporation authorized to transact business or conduct affairs in this state. (d) A limited liability company formed under title 29. (e) A limited liability company authorized to transact business in this state. 9 Fletcher Cyclopedia of Private Corp. § 4424 (1999) Chapter 51. Actions by and Against Corporations IX. Commencement of Action by Service of Process B. Service of Process § 4424. --REGISTERED AGENT OR DESIGNATED OFFICIAL TO RECEIVE SERVICE. Like the model business corporation acts the business corporation statutes in most jurisdictions require domestic corporations and foreign corporations authorized to transact business in the forum state, discussed subsequently, to continuously maintain a registered office in the state and also to appoint and continuously maintain a registered agent at such registered office, upon whom any process, notice or demand required or permitted by law to be served on the corporation may be served. The Model Nonprofit Corporation Act and the Revised Model Nonprofit Corporation Act have similar provisions. Service of process on the secretary of state as an agent of a defendant corporation is permitted in criminal as well as civil actions. If the registered agent is the corporation itself, service may apparently be made by any method authorized either for service on corporate defendants or for service on corporate registered agents. Further, any manner of service that would be proper on a corporate defendant itself is also proper when utilized to serve its registered agent. Thus, the word "defendant" in a rule governing service of process must be interpreted broadly to apply to both the actual corporate defendant and to any proper agent for service. A summons directed to the registered or designated agent for a corporate defendant constitutes valid service on such defendant so long as the summons caption and complaint make it clear it is the corporation and not the agent that is the entity being sued. The statute may provide for one or more registered agents to be appointed by the corporation to receive service of process.
Re: Frustrated - Trying to file sui I am filing in Arizona. The non-profit I am filing against is in NH. Mommy2cats
Re: Frustrated - Trying to file sui If you are filing in Az. it doesn't matter what the N.H. rules are. You go by Az rules. And in Az., you can serve a small claims summons and complaint by certified mail.
Re: Frustrated - Trying to file sui when you serve by mail make sure you send it by both certified and regular mail...there are reasons for this...if they don't pick up the certified mail or sign for it...and the regular mail is not returned to you...then it is considered properly served. a paralegal's opinion... clc
Re: Frustrated - Trying to file sui You might have to do an affidavit of mailing. Not sure if they require that in small claims though. L
Re: Frustrated - Trying to file sui On the Az. small claims form is an affidavit of mailing that you sign when you file the summons stating that it is being mailed certified the same day you file.
