Registered Agent Refuses to accept letter

[seschroll]

From my Secretary of State's website, I obtained the name and address of the Registered Agent of an LLC located in my hometown. I sent that person a Demand Letter by Certified Mail, Return Receipt Requested, but according to the USPS, it was "undeliverable." The address of the Registered Agent and the LLC is the same address as their d/b/a name in the phone book. When I drove past their store this morning, they were open for business.

Why would the letter be "undeliverable?" The LLC has never heard of me, and they have no idea what's in my letter. Would it make any legal sense for them to refuse delivery? Thanks for your advice.

 

[jharris352]

They might refuse delivery or they might have missed the notice. Send it again.

 

[army judge]

From my Secretary of State's website, I obtained the name and address of the Registered Agent of an LLC located in my hometown. I sent that person a Demand Letter by Certified Mail, Return Receipt Requested, but according to the USPS, it was "undeliverable." The address of the Registered Agent and the LLC is the same address as their d/b/a name in the phone book. When I drove past their store this morning, they were open for business.

Why would the letter be "undeliverable?" The LLC has never heard of me, and they have no idea what's in my letter. Would it make any legal sense for them to refuse delivery? Thanks for your advice.

There is NO LEGAL REQUIREMENT or DUTY for a potential defendant to accept a demand letter.
I can't speculate as to why THIS particular defendant refused to retrieve the letter.
Personally, I never respond to service by mail and advise my clients to do likewise.
It is nothing but personal preference on my part.

If you want to sue one of my clients, I'm going to make it costlier for you and more difficult.
Some individuals and entities just refuse to accept service unless it is at the hand of a human being.
Many people hold the belief that they respond only to service by law enforcement officials or process servers.

A demand letter can be useful as a potential settlement tool.
In fact, statistics say that demand letters achieve a 33% settlement rate before suit.

In your case, you can hire a process server or pay the sheriff to serve the LLC.
You forgo the demand letter, and get right down to bringing your lawsuit.

 

[seschroll]

Thanks to both of you, but...

I really don't want to serve them yet. I would rather see if they can reach a settlement with me through a demand letter. I am wondering if I should just hand deliver the letter to the owner myself or send it to his home address by Fed Ex.

 

[army judge]

I really don't want to serve them yet. I would rather see if they can reach a settlement with me through a demand letter. I am wondering if I should just hand deliver the letter to the owner myself or send it to his home address by Fed Ex.

Try it and see.

As I said, some people do not accept things UNLESS they have sent for them.

Just as some people do not answer blocked telephone numbers!

 

[seschroll]

Yes, you make an excellent point. Interestingly, I checked them out at my local courthouse and no one has filed suit against them for anything since they've been in business.