Warning to Companies and LLCs: Check Your Statutory Agent Procedures

On July 2, 2018, the Ohio Second District Court of Appeals issued a decision that shows how important it is for companies and LLCs to have solid procedures and processes in place for handling service on their statutory agent.  John W. Judge Co. v. USA Freight, LLC, 2d Dist. Montgomery No. 27708, 2018-Ohio-2658.  The plaintiff in the case served its complaint on the defendant LLC by sending a copy by certified mail to the address listed for the LLC’s registered statutory agent.  The defendant failed to respond, so the court entered a default judgment and a writ of execution in favor of the plaintiff.  The court’s bailiff then contacted the defendant’s general manager to begin the process of levying on the defendant’s goods. The bailiff’s reference to a lawsuit and default judgment came as a complete surprise to the defendant’s general manager.  The general manager later testified that (1) he did not receive notice of…

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