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Procedures For Garnishing Serving Foreign Corporations Form. This is a Delaware form and can be use in Justice Of The Peace Court Statewide.
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Tags: Procedures For Garnishing Serving Foreign Corporations, 17F, Delaware Statewide, Justice Of The Peace Court
PROCEDURES FOR GARNISHING/SERVING FOREIGN CORPORATIONS
(Corporations not incorporated in the State of Delaware)
1.
To determine if the defendant is "qualified to do business" in Delaware under 8
Del.C. § 371, the plaintiff can call the Secretary of State's Office ((302) 739-3073). If the
defendant/garnishee corporation is qualified under § 371, the plaintiff can obtain the name and
address of the registered agent of the corporation from the Secretary of State's office and provide
that information to the Justice of the Peace Court in order to serve the defendant/garnishee.
2.
If the defendant/garnishee is qualified to do business in Delaware but there is no
registered agent listed, the plaintiff should determine if there are any officers, agents or directors
of the corporation in Delaware. If there are, then the plaintiff may file alias process for the Court
to serve them.
3.
If the defendant/garnishee is qualified to do business in Delaware but attempts to
serve the registered agent or officers or directors of the corporation in Delaware are
unsuccessful, then the plaintiff can have the Secretary of State served by supplying the Court
with two copies of the process and the $50.00 service fee for the Secretary of State. The Court
then serves Secretary of State's office (one copy will be sent by certified mail to the defendant by
the Secretary of State's office). Checks should be made payable to the Delaware Secretary of
State and drawn on a United States bank.
4.
If the Secretary of State's office tells the plaintiff that the defendant/garnishee
corporation is not qualified to do business in Delaware, then the plaintiff can have the Secretary
of State served and assert jurisdiction over the defendant under 8 Del.C. § 382 by supplying two
copies of the process and the $50.00 service fee for the Secretary of State to the Court (one copy
will be sent by certified mail to the defendant by the Secretary of State's office). Checks should
be made payable to the Delaware Secretary of State and drawn on a United States bank. THIS
SERVICE OF PROCESS WILL BE SUCCESSFUL ONLY if the defendant/garnishee transacts
business in Delaware (there is a pattern of business activity by the defendant in the state) and the
cause of action (what the lawsuit is about) directly relates to the defendant/garnishee's business
activities in Delaware.
5.
If the plaintiff cannot show that the defendant/garnishee transacts business in
Delaware and that the cause of action arose out of a business transaction in Delaware, then the
plaintiff cannot obtain service by paying the $50.00 service fee to the Secretary of State. The
plaintiff, however, can attempt to serve the foreign corporation under 10 Del.C. § 3104. See J.P.
Civ. Form No. 31 for instructions on how to serve the defendant/garnishee under 10 Del.C. §
3104.
NOTE: For a defendant/garnishee who is a corporation located outside of Delaware, the
Plaintiff must first have the Court try to serve the corporation's registered agent (if the
corporation is qualified to do business in Delaware under 8 Del.C. § 371), its other agents,
directors or officers located in Delaware (if qualified under 8 Del.C. § 371), or through the
Secretary of State's office (if qualified, but other attempts at service have failed or if not qualified
to do business in Delaware). Only if jurisdiction cannot be obtained through those methods can
the plaintiff look to 10 Del.C. § 3104 (see J.P. Civ. Form No. 31 for instructions) to assert
jurisdiction.
J.P. Civ. Form No. 17F (06/06/97)
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