What is “service of process”?
It is a legal term. It means delivery of legal documents to people or entities authorized to receive them.
What does your Service of Process Agent do?
The Agent accepts service of process for certain entities in our records. Examples of entities in our records are corporations and LLCs. After accepting service, the Agent forwards the documents to the last known address of the entity’s Principal Office.
Can your Service of Process Agent serve an individual?
No, we can only serve business entities.
When can I serve the Secretary of State?
- When the status of the company you want to serve is “withdrawn” or “revoked” on the Secretary of State’s website;
- When the Registered Agent is listed as “Agent Resigned-Office Discontinued”; or
- When you have tried to serve the Registered Agent and the service was not accepted. You must make an attempt to serve the Registered Agent before using the Secretary of State as a process agent.
What do I have to do to serve you as Agent?
You need to send us:
- A cover letter explaining what you want us to do;
- Proof you tried to serve the business’ Registered Agent;
- Name, address, telephone number and email for the person sending the documents to be served;
- 2 copies of all documents you want us to serve; and
- A payment of $10 is required for each document presented to the Department for service to each company being served.
How can I serve the Secretary of State as Process Agent?
| Mailing Address | Street Address |
|---|---|
|
NC Department of the Secretary of State Attn: Service of Process Agent PO Box 29622 Raleigh, NC 27626-0622 |
NC Department of the Secretary of State Attn: Service of Process Agent 2 South Salisbury Street Raleigh, NC 27601 |
Can I electronically file (e-file) service of process on the Secretary of State?
We don’t accept e-filing for service of process.
Can the Secretary of State serve a company that is not registered with the NC Secretary of State?
No. The Secretary of State can serve only business entities that are registered with the Secretary of State.
How long does it take you to serve the documents on the business after you get them?
We serve them within 2-3 business days after we get them from you.
How can I find out if you were able to serve the company?
- We’ll send you a copy of the letter we sent when we served the documents.
- We’ll send you whatever we get back from the US Postal Service:
- The return receipt card; or
- The undelivered documents.
How much do I have to pay you to serve a business?
It depends on how many documents you want served. The fee is $10.00 for every document we serve.
Why didn’t you serve my documents? Why’d you reject them?
There are 3 reasons we may not have served your documents:
- You didn’t include the fee or paid too little;
- You didn’t include 2 copies of each document we were supposed to serve; and
- You want us to serve a business that is not in our records.
Can I search service of process filings on-line?
Yes. You can search by either the Docket Number or our file number.
I want to serve legal documents on the Secretary of State, not a business. Do I serve the Service of Process Agent?
No. If you want to serve the Secretary of State with legal documents, you need to serve the Department’s agent for the service of process. The name of that agent is always on file with the NC Department of Justice. To serve the Department, serve:
Ann Wall, General Counsel
NC Department of the Secretary of State
PO Box 29622
Raleigh, NC 27626-0622