Was I properly served with a lawsuit?

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Question:

An individual came into my office and delivered an envelope with my name on it. I was not in at the time and my office assistant took it. Inside was a notice that my company was being sued for nonpayment on an insurance claim. My name was not on the form nor was I personally served. Also, the address was incorrect on the form. Will I still need to show up to defend myself?

Answer:

In most states, when a business is sued, papers can be left at a principal office with an adult in charge. An office assistant probably qualifies. If a company is a corporation or an LLC (limited liability company), it may have designated an individual as its "agent for service of process." This information is public, and anyone suing the corporation can learn who the agent is and direct the court papers to him or her.

It sounds as if your company -- not you -- is being sued, and that your employer has not designated an agent for service of process.  Therefore, it doesn't matter that your name is not on the form. Regardless of the address being wrong, be sure to bring these papers to the attention of your manager or someone higher up immediately. Your company should respond to the papers and send someone to court on the appropriate day. If it fails do so so, it risks the possibility that a default judgment will be entered against it.

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