UpwardForward Posted August 22, 2015 Share Posted August 22, 2015 Legally, must a corporation or limited liability company be registered with Secretary of State of any state they do business in? Link to post Share on other sites
beatcuff Posted August 26, 2015 Share Posted August 26, 2015 Legally, must a corporation or limited liability company be registered with Secretary of State of any state they do business in? yes and have a registered agent that is in that state: so a resident has a local person to serve papers. BUT what do you mean "do business in". if they never set foot, use a common carrier (UPS), then --- there are numerous court cases going in every direction. Link to post Share on other sites
Author UpwardForward Posted August 26, 2015 Author Share Posted August 26, 2015 yes and have a registered agent that is in that state: so a resident has a local person to serve papers. BUT what do you mean "do business in". if they never set foot, use a common carrier (UPS), then --- there are numerous court cases going in every direction. Defendant is auction company with their own carrier. Have held at least 3 auctions here a yr for 30 years. Do not know how they can get by w/o being registered w Secretary of State here. In order for local court to hear case, plaintiff must prove defendant does business w everyone in the state. Link to post Share on other sites
Clarence_Boddicker Posted August 27, 2015 Share Posted August 27, 2015 I thought it was in that state they are registered in or have a physical presence like a brick & mortar store or warehouse. Link to post Share on other sites
carhill Posted August 27, 2015 Share Posted August 27, 2015 When mentioning local court, is this SCC or district/superior court? How much money is involved? Having wandered the halls of our local county courthouse enough, if anything beyond SCC, I'd be running this stuff past my lawyer. If the auctioneer was conducting auctions through an independent contractor themselves registered in the state the auction was conducted in, and shipping the products across state lines as a matter of course from their registered business location, they may be exempt in your state from registering as an intrastate business. As example, does the auctioneer have a constant physical presence in your state? A typical example would be a building with their company logo on it, staffed on a regular basis with employees, even if not full-time. If the local court is unable or unwilling to reach out of state or the business qualifies as interstate, then they could be sued in their registered state. Generally, businesses which operate auctions and own interstate carriers have plenty of legal help setting up their operations so, while it's possible someone made an error along the way (happens!), it's often expensive to wind one's way through the process of taking advantage of that. Good luck! Link to post Share on other sites
Author UpwardForward Posted August 27, 2015 Author Share Posted August 27, 2015 (edited) It's my understanding from talking to our Secretary of State that all corporations that do business in our state must be registered here. So yes, assuming they're only registered at the other end of the country (where their physical address is) - this would mean we would have to have them served there and then fly (round trip to the hearing). We do not want to do this. Also, many times there are extensions or reasons for more than one visit. It's Small Claims Court, amount is $8900. Owner/President & others affiliated with the auction come to our state personally, yearly for several of their auctions. Also the trucking company that took items from our residence/state across country to their state, is also owned by the auction. Small Claims Court says if not registered with our Secretary of State then it's my burden to show judge that company does business with everyone in our state. So, in answer to your question: No constant physical presence. It's just that auction company/trucking company do do business here personally/physically - and several times a year. Plus they send solicitation letters to us. That's where I am now. Edited August 27, 2015 by UpwardForward Link to post Share on other sites
carhill Posted August 27, 2015 Share Posted August 27, 2015 Well, one method of applying pressure is to report the auctioneer to the state authorities and have them follow up. If there's one thing a business hates, it's the government poking around in their operations. Heh. If the state is satisfied that everything is in order, then it's on you to go after them in their jurisdiction. If the state is dissatisfied and takes action against the business, you can use that evidence in your court action to establish what I think lawyers call venue. The SCC judge or lawyer acting as judge doesn't expect one to know legalese so talk in plain language and ask them to explain any legal terms you don't understand. This can be especially fun if getting an employee representing the defendant who happens to be a paralegal or lawyer. They're blathering away in legalese and hey, I'm just a layperson here your honor; what does that mean, and that, and that, and that? Anyway, that's my short version of help. It's worth what you paid for it. Make those filing fees count! Link to post Share on other sites
Author UpwardForward Posted August 27, 2015 Author Share Posted August 27, 2015 (edited) Well, one method of applying pressure is to report the auctioneer to the state authorities and have them follow up. If there's one thing a business hates, it's the government poking around in their operations. Heh. If the state is satisfied that everything is in order, then it's on you to go after them in their jurisdiction. If the state is dissatisfied and takes action against the business, you can use that evidence in your court action to establish what I think lawyers call venue. The SCC judge or lawyer acting as judge doesn't expect one to know legalese so talk in plain language and ask them to explain any legal terms you don't understand. This can be especially fun if getting an employee representing the defendant who happens to be a paralegal or lawyer. They're blathering away in legalese and hey, I'm just a layperson here your honor; what does that mean, and that, and that, and that? Anyway, that's my short version of help. It's worth what you paid for it. Make those filing fees count! I think my concern at this point is with the Motion and to convince the judge to allow me to serve our Secretary of State. And not knowing how stiff the court will be with the defendant's 'doing business' status here. I (we) do not want to go to their jurisdiction for the lawsuit. I'm representing my 95 yr old mother and she will not travel to the other end of the country. So yes. That's what I will do. I will report them to their Better Bus Bureau, Consumer Affairs, Interstate Commerce? Attorney General, and other govt agencies. Probably we should have filed a police report here, but thought I could get this wrapped up. Edited August 27, 2015 by UpwardForward Link to post Share on other sites
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