Visitor Question

Who do I name as defendant if the registered agent is a corporation?

Submitted By: Ronald (Sevierville, TN)

My foot was injured by an orthopedic shoe that was supposed to be specifically for my foot. The wound from the shoe required lengthy and extensive wound care and therapy. I plan to file suit in small claims court without an attorney.

The clerk at the courthouse told me to make sure the registered agent of the corporation that I intend to sue be named as the defendant. The RA is another corporation. Who then should I name as the defendant? Perhaps a corporate director? Any information you can give would be appreciated. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a localĀ attorney.

Answer

Dear Ronald,

Generally speaking, when a person decides to file a lawsuit against a company, and that company is a corporation, the person planning to sue (plaintiff) must begin the lawsuit by “serving” the Registered Agent for the corporation. In so doing, the plaintiff is NOT suing the registered agent, but instead, the plaintiff is suing the corporation (defendant).

In the lawsuit, the person suing would have his or her name at the top of the lawsuit, and right underneath would be the name of the corporation.

For example:

Jon Doe Plaintiff

vs.

ABC Corporation Defendant

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 11, 2015

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