GUTIERREZ
v.
QUICK FLIP CREDIT LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a motion for clerk's default must be denied without prejudice when service of process on the defendant is questionable.
Plaintiff moved for a clerk's default against the defendant, Quick Flip Credit LLC. Plaintiff attempted service by delivering the summons and complain…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Federal Rule Of Civil Procedure 55(A) (Clerk'S Default) cases and more on FLexlaw
For corporate defendants, the Federal Rules of Civil Procedure provide that service can be made by: delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant[.] Fed. R. Civ. P. 4(h)(1)(B). A corporate defendant may also be served by “following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made[.]” Fed. R. Civ. P. 4(e)(1); see also Fed. R. Civ. P. 4(h)(1)(A). Defendant is a New Jersey limited liability company; thus, New Jersey’s procedures on service of process will apply.1
1. a. If a business entity, foreign or domestic, is required to register with a State official or agency to transact business in this State and is required to register an address or an agent in this State for the service of process, process in any action in any court of this State directed to the business may be served at the address or on the agent registered.
b. If a business entity, foreign or domestic, is required to register with a State official or agency to transact business in this State and is required to register an address or an agent in this State for the service of process, process in any action in any court of this State directed to the business may be served on the State official or agency, if: Quick Flip Credit LLC is a New Jersey Domestic Limited-Liability Company. Jeffrey Veloz, Quick Flip’s Registered Agent, is located at 4 Cumberland Ct., Franklin Township, NJ 08873.2 On December 20, 2022, Plaintiff served Linda Veloz, wife of
Jeffrey Veloz, at their residence at 4 Cumberland Ct. (Doc. 14.) It is unclear from the information currently before the Court whether service was proper on Defendant due to service on the wife of Defendant’s Registered Agent. Thus, the Court will deny the motion for entry of default against Defendant without prejudice, and Plaintiff may renew her motion against Defendant with additional briefing and supporting
documentation to establish that service was properly effected.
(1)The business entity has failed to register or re-register as required by law; or
(2)The business entity has failed to maintain a registered address or a registered agent in this State for service of process, as required by law.
c. The official or agency upon which substituted service has been made, within two days after service, shall notify the business entity to which the process was directed, by a letter to its registered office, if any, or to any officer of the entity known to the official or agency. A copy of the process or other paper served shall be enclosed with the letter. d. Service of process as provided in subsection (a) shall be as effective in any action as if the business entity had entered its general appearance in the action.