§ 62-20-117 — Reciprocity - Service of process on nonresidents - Default judgments

(a) A nonresident of this state who is regularly engaged in the collection business in another state may obtain a license as a collection service in this state by complying with this chapter; provided, that the nonresident applicant maintains a place of business in the other state and that state offers the same privilege to the licensees of this state. (b) (1) Every nonresident applicant shall file an irrevocable consent that legal action may be commenced against the nonresident applicant in the proper court of any county of this state in which a cause of action may arise, in which the plaintiff may reside, by service of process or pleading authorized by the laws of this state, or by any member of the board, the consent stipulating that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by its seal. (2) Any service of process or pleading shall be served on the secretary of the board by filing duplicate copies, one (1) of which shall be filed in the office of the board and the other forwarded by registered mail to the last known principal address of the nonresident licensee against whom the process or pleading is directed. (3) No default in any such action shall be taken, except upon affidavit certification of the board or the secretary of the board that a copy of the process or pleading was mailed to the defendant as provided in this subsection (b). No default judgment shall be taken in any such action or proceeding until thirty (30) days after the day of mailing of process or pleading to the defendant.

Legislative History

Acts 1981, ch. 170, § 17.