Who are Process Agents?
A process agent is a representative upon whom any and all court papers may be served in the case of any lawsuit brought against a motor carrier, freight forwarder, or broker. To put it simply, they are the equivalent of “legal mailing addresses” in another state, who are able to accept legal papers on your behalf and forward the documents to you. And in turn, they save your company the expense of having to set up a “live” office in that respective state.
Who Needs to File for Process Agents?
The Federal Motor Carrier Safety Administration (F.M.C.S.A.) requires all motor carriers to have a designated process agent in each state it is authorized to operate and for each state, they travel through. In addition to this, brokers and freight forwarders are required to appoint and list a process agent in every state they have an office in and in every state in which they write contracts.
How are Process Agents Designated?
The applicant (trucking companies, freight broker companies, and freight forwarders) should contact a process agent, who can file Form BOC-3 (Designation of Process Agents) with the FMCSA. Only one completed form may be on file. It must include all states for which agency designations are required. One copy must be retained by the carrier or broker at its principal place of business. The most important thing you have to remember is that persons designated as process agents must reside in or maintain an office in the state of designation.
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The foregoing blog post has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. If you seek further information about this topic, please make sure to contact an attorney in your local area.