Legal Question in Business Law in Illinois
Registered Agents
What can be done when a registered agent fails to perform their role in ensuring that they notify you of lawsuits, etc? Can the corporation be held liable or is there any action that can be taken against the agent? (Especially when the registered agent fails to notify you properly of a lawsuit and now there has been a default judgement entered against the corporation) Will the judge in the case accept a motion to vacate judgement on the grounds that the corporation's registered agent failed to notify them properly or did not even bother to follow up? FYI: Our registerd agent is an attorney, anytime we ask for advice, he always says ''Well I could take care of it, but its going to cost you.''
1 Answer from Attorneys
Re: Registered Agents
If I recall correctly, there's caselaw in Illinois that supports the argument that service was deficient when the registered agent did not follow the correct course of action upon being served with the complaint on behalf of the corporation. If the corporation is never informed of the suit, how is it supposed to defend against it? You need to find an attorney who is NOT your registered agent and let him/her handle the motion to vacate.
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