my LLC's registered agent (some discount service in nevada) apparently went out of business in 2024 and didn't tell me. just got served with a default judgment from a vendor lawsuit i had no idea was filed. judgment is for $9,200. i had no notice because the agent's office was vacant.
do i have any way to vacate the default? this seems wildly unfair
motion to vacate default judgment for lack of valid service. you have 30-180 days depending on jurisdiction. the failed registered agent is the basis — service was attempted but not effective if the agent wasn't operational.
act fast. the longer you wait the harder the "excusable neglect" argument.
also — the registered agent is liable to you for any damages caused by their failure to forward service. small claims claim against the (defunct) agent is mostly cosmetic but worth filing.
I'm Sergei Tokmakov, California attorney (Bar #279869). The motion to vacate framework varies by state but generally requires a showing of (1) excusable neglect or improper service, (2) a meritorious defense to the underlying claim, and (3) timeliness. Failed registered agent generally satisfies (1) cleanly. (2) is your case-specific defense to the vendor's claim. (3) is the urgent piece — every state has a deadline.
While you're at it: appoint a reliable registered agent immediately and update your records with the secretary of state. CT Corp, CSC, and a few others are reliable. The cheapest service is often not worth the risk. Informational only.