Every lawsuit starts with one critical step: serving the defendant. But whaCan’t Complete Service on a Business or Statutory Agent? Ohio Law Has a Solution
When lawsuits are filed, the first step is serving the defendant with legal documents. But what happens when the business you’re suing cannot be served because its statutory agent has moved, resigned, closed up shop, or is outright avoiding service?
Ohio law requires every business entity to maintain a statutory agent. This agent is the official point of contact for lawsuits, subpoenas, and other legal documents. Yet, in practice, many businesses fail to keep their records current or attempt to dodge service. When this happens, your case can stall—unless you know the process for alternative service through the Ohio Secretary of State.
Start With the Business Search
Before moving forward with alternative service, you must first attempt service at the address on file with the Secretary of State.
The Ohio Secretary of State’s Business Search system contains the most current filings on record, including the name and address of the statutory agent for service of process. Service should be attempted on the agent at the address listed.
👉 Ohio Secretary of State Business Search
If service cannot be made on the statutory agent, or if the address is no longer valid, Ohio law allows for alternative service through the Secretary of State.
Serving the Ohio Secretary of State
The Ohio Secretary of State’s office accepts service in certain situations where service on the statutory agent is not possible. This is not a matter of court permission—the law itself designates the Secretary of State as the statutory agent of last resort.
According to the Secretary of State:
“Service may be made upon the current agent at the address of record, however, in certain situations, serving the agent is not the only method of serving a particular business entity with process, and may not be possible for various reasons. Ohio law permits multiple methods of service.”
Full official instructions are here:
👉 Ohio Secretary of State – Service of Process
General Requirements
When serving through the Secretary of State, most entity types require:
- An affidavit stating the most recent known address of the entity and one of the following:
- The entity failed to maintain an agent;
- The agent cannot be found; or
- The agent’s address is no longer valid.
Best practice: include a description of diligent attempts to serve at the address of record, including dates, times, and observations.
- Filing fee: $5 per address being served.
- Multiple copies of the summons and complaint (typically 3–4 depending on entity type).
Once these requirements are met, the Secretary of State will accept service and forward the documents to the business’s last known address of record.
Entity-Specific Rules
Ohio Corporations For Profit (R.C. 1701.07); LLCs (R.C. 1706.09); Partnerships (R.C. 1776.07); Business Trusts (R.C. 1746.11); REITs (R.C. 1747.07); and Professional Associations (R.C. 1785.08):
- Affidavit, $5 fee, and 4 copies of summons/complaint.
- Note: banks, trust companies, insurance companies, and public utilities are excluded.
Nonprofit Corporations (R.C. 1702.06) and Cooperative Associations (R.C. 1729.06):
- Affidavit, $5 fee, and 3 copies of summons/complaint.
Licensed Foreign Corporations (R.C. 1703.19):
- $5 fee and 4 copies of summons/complaint.
Unlicensed Foreign Corporations (R.C. 1703.191):
- Affidavit of last known address, $5 fee, and 2 copies of summons/complaint.
Registered Foreign Limited Partnerships (R.C. 1782.49); Unlicensed Foreign LLCs (R.C. 1706.515); Unregistered Foreign LPs (R.C. 1782.54); Unregistered Foreign LLPs (R.C. 1776.87):
- Secretary of State accepts service upon receipt of summons/complaint and $5 fee. No affidavit required.
Not Covered:
The Secretary of State does not accept service for:
- Unregistered General Partnerships
- Domestic Limited Partnerships
- Domestic Limited Liability Partnerships
- Registered Foreign LLPs
For these, see Civ.R. 4.2(H) for service rules.
Workers’ Compensation Employers:
Under ORC 4123.753, service requires a $2 fee.
Why This Matters
Businesses cannot simply avoid lawsuits by failing to maintain a statutory agent or refusing to answer the door. Ohio law ensures accountability by authorizing alternative service through the Secretary of State when a statutory agent is unavailable or uncooperative.
At RVB Services, LLC, we have experience serving the Secretary of State on behalf of businesses and legal entities across Ohio. We know the requirements, we document due diligence, and we get service completed correctly—so your case keeps moving forward.
📌 Submit your request here: www.RVBServices.net/intake
📞 Call/Text: 740-936-7625
Frequently Asked Questions
Why can’t a business be served if they’re required to have an agent?
Because agents resign, addresses change, businesses close, or some owners actively avoid service.
Can a statutory agent or owner refuse service?
No. Under Ohio Civ. R. 4.1, refusal does not invalidate service. If documents are tendered, service is complete.
Do I need court permission to serve through the Secretary of State?
No. The Secretary of State is authorized by statute to act as agent of last resort.
Is service through the Secretary of State valid?
Yes. Once accepted by the Secretary of State and forwarded to the business, service is legally recognized.
Don’t Let a Dodging Business Stall Your Case
If a business is closed, missing, or outright avoiding service, don’t let your lawsuit grind to a halt. Ohio law provides the solution: alternative service through the Secretary of State.
With RVB Services, LLC, you have a process server who knows the law, knows the procedure, and gets the job done right.
📌 Submit your request here: www.RVBServices.net/intake
📞 Call/Text: 740-936-7625
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Please consult a licensed Ohio attorney for guidance on your specific case.
