Process server unable to find company’s agent

Despite several attempts, a process server has failed to locate Jina Yoo, the registered agent of a company that has $224,585 in a savings account that is currently the subject of a dispute among former business partners.

Rainaldo S. Agulto, a process server in both local and federal cases for 16 years, stated in his declaration filed in federal court on Tuesday that he has been attempting to serve Yoo, the registered agent for Universal Group Development, Inc.

Agulto said he visited the only known business location of Universal Group on several occasions, going on different days of the week, including the weekend.

Agulto said he has never been able to locate Yoo, and that in fact it appears to him that the Universal Group’s office’s location has not been used for some time.

He said he called the number listed on Universal Group’s annual corporation report, and the person who answered stated that Yoo is off-island.

Agulto has been retained by attorney Mark Scoggins to serve upon Yoo a copy of the complaint filed in this case along with summons to appear before the U.S. District Court for the NMI.

Scoggins is counsel for businessman Wanzhong Yu, who maintains he is still president of Universal Group.

Universal Group, through counsel Samuel Mok, is suing its former president and shareholder, Yu, for conversion and the First Hawaiian Bank for breach of contract.

Universal Group alleged that Yu and the bank have blocked the company from gaining access to $225,000 of its own funds from a business savings account.

Yu filed a cross-claim, alleging he was detained in China for 22 months caused by political influence exerted by his former business partners. Yu named Mingnan Jin and Jinwei Guo as defendants in his cross-claim.

According to Scoggins, the court has allowed Yu to serve Guo through the registered agent of Universal Group.

Scoggins previously asked the court to allow Yu to serve Yoo by mail but the court ordered that Guo be served by personal service on the registered agent. Scoggins said Yu has been trying since the order was granted to serve the registered agent.

Scoggins said that Agulto has made numerous attempts to serve the agent at the only known business locations of Universal Group, but the process server has never been able to locate the agent.

Scoggins said that CNMI law provides that “if a corporation has no registered agent, or the agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the corporation at its principle office.”

Scoggins said Yu therefore seeks a slight change in the court’s order to allow him to serve Guo by mailing the summons and cross-claim to the secretary of the corporation.

Last September, Agulto also declared that he has been unable to locate Mingnan Jin to serve Yu’s summons and complaint.

Mingnan Jin and Jinwei Guo are claiming they are the officers and directors of Universal Group and that Guo is now the sole shareholder.

Last May, U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed Universal Group’s claims against Yu. Manglona, however, allowed Universal Group to file an amended complaint.