Ala. R. Civ. P. 4(c)(6) - Service of Process Upon Corporations


Woodruff Brokerage Co., Inc. v. Beatty, [Ms. 1180349, Nov. 22, 2019] __ So. 3d __ (Ala. 2019). The Court (Wise, J.; Bolin and Stewart, JJ., concur; Parker, C.J., and Sellers, J., concur in the result) reverses an order of the Chambers Circuit Court denying a motion to set aside a default judgment upon concluding, pursuant to Ex parte LERETA, LLC, 226 So. 3d 140 (Ala. 2016), that plaintiff did not properly serve a corporate defendant as required by Ala. R. Civ. P. 4(c)(6) when the certified mail receipt used to prove service was addressed solely to the corporate defendant and not to a human being or natural person signing for the service as an officer, partner, managing or general agent, or agent authorized by appointment or by law to receive service of the process on behalf of the corporation. Because the plaintiff's service by certified mail was ineffective, the trial court did not obtain personal jurisdiction over the corporation and the default judgment entered against it was void. The trial court therefore erred when it denied the corporation's motion to set aside the default judgment.

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