HOW TO SERVE LEGAL PAPERS ON WALMART

Walmart

Undisputed Legal | Process Service

Walmart Inc. is a global corporate retailer operating a network of hypermarkets (sometimes called supercenters), cheap department stores, and U.S. grocery shops based in Bentonville, Arkansas. It was established in 1962 by Sam Walton in neighboring Rogers, Arkansas, and incorporated on 31 October 1969 under Delaware General Corporation Law. It also owns and manages retail warehouses at Sam’s Club.

The business operates in the United States and Canada under the name Walmart, in Mexico and Central America as Walmart de México y Centroamérica, and in India as Flipkart wholesale. 

[1.0] WALMART: THE GIANT

According to the Fortune Global 500 list in 2020, Walmart is the world’s leading revenue business, worth over five hundred billion dollars. With over two million workers, it is also the world’s biggest private employer. It is a publicly traded family-owned corporation since the Walton family controls the company. Sam Walton’s heirs control more than 50 percent of Walmart via their Walton Enterprises holding company and their personal interests. Walmart is headquartered in the Walmart Home Office complex in Bentonville, Arkansas. The company’s business model is based on selling a wide variety of general merchandise at low prices

In 1972, Walmart was listed on the New York Stock exchange. By 1988, it was the most profitable retailer in the United States and by October 1989 it was the biggest in terms of revenue. Initially, it was confined geographically to the South and Lower Midwest, but by the early 1990s, it had shops spanning the east to the west coast. Sam’s Club started in November 1989 in New Jersey, and in July 1990 the first California location opened. A Walmart in York, Pennsylvania, launched the first major shop in the North East, in October 1990.

The investments of Walmart outside the United States have experienced varied outcomes. Its businesses and subsidiaries in Canada, the United Kingdom, Central America, South America, and China have been quite successful while its activities in Germany, Japan, and South Korea have failed.

[2.0] HOW TO SERVE A SMALL CLAIMS LAWSUIT AGAINST WALMART

An individual may be able to serve small claims lawsuits against Walmart, with the proviso that the amount for which Walmart is being sued is for USD 10,000 or less. This would thus allow for lawsuits to be initiated against Walmart if -for instance- the individual has not received items they have purchased from Walmart, whether there were issues with the Walmart Auto Care center or in cases of personal injury. Any kind of assault that takes place at Walmart is an acknowledgment of the company’s failure to provide consumers and workers with sufficient protection and training respectively, so a claim may be made in case of any injury.

Prior to providing the claim, a demand letter should be sent to Walmart detailing the set of requests as a part of the required Process Service. 

Most businesses are protected by liability insurance in the case of liability cases in their premises – that is, if someone sues them for damage to their property. Commonly, smaller and medium-sized enterprises cover through a third-party insurer. All insurance firms try their utmost to prevent claims from being paid. In most instances, however, the defendant will not pay the judgment or settlement costs directly — the insurance company will. 

Walmart is so large that it has set up its own business to manage any liability claims, and not purchase third-party insurance. This implies that Walmart pays for a judgment or settlement in a case of personal injury.

[2.1] HOW TO FILE A CLAIM

Depending on the state in question, small claims courts have different maximum amounts of money for which an individual can sue. These are usually between USD 5,000 and USD10,000. Tennessee is an outlier with a maximum award of USD 25,000. It must be noted that any individual who cannot afford court fees may apply to have it waived.   

Walmart is often held liable if [A.] its policies or actions caused the dangerous situation, or [B.] the entity had prior knowledge of the dangerous situation, or [C.] should have reasonably known about the situation.  The liability legislation for premises (premise liability) usually provides multiple degrees of protection for various kinds of visitors. These degrees and regulations differ from state to state, but Walmart customers are generally seen as ‘invitees‘ providing the greatest level of legal protection. Walmart must take reasonable measures, like all other property owners, to guarantee the safety of individuals invited to their premises.

Naturally, Walmart cannot guarantee absolute safety since no scenario is ever absolutely safe, but its establishments must be fairly secure. The meaning of ‘reasonably’ relies largely on legal precedent but it indicates in general what a reasonable person would see as safe.

Liability legislation on-premises is likewise not all-inclusive. One cannot claim for personal damage if they have behaved carelessly or use the premises other than its intended use (being under alcohol or drug influence and going through the aisles or climbing the shelves) and may in reality be facing a lawsuit or a criminal penalty.

Contractual disputes are also frequent in small claims courts between two small companies between a company and a consumer. Commonly, a company claims that products or services were substandard or delivered late or not at all. If the parties do not negotiate their own solution or come to it via mediation, they will be given the opportunity to tell their side of the story before a small claims court judge.

[3.0] WALMART SUBSIDIARIES

  1. WALMART INSURANCE SERVICES, LLC

Walmart Insurance Services, LLC is a licensed insurance agency that sells Medicare products, as well as insurance brokerage, and is an affiliate of Walmart, Inc. Walmart Insurance Services, LLC is not connected with or endorsed by the U.S. government or the federal Medicare program and represents multiple insurance carriers and Medicare plans in most markets.

The entity is a foreign limited liability company, coming under the jurisdiction of Delaware although Walmart Insurance Services, LLC has filed for incorporation under New York. The company is one of the newer subsidiaries of the Walmart group, having been incorporated on 22nd July 2020. Furthermore, unlike most subsidiaries, Walmart Insurance Services does not retain a registered agent for Process Service, preferring instead to provide Process Service on a higher officer of the company.

The entity is incorporated in New York under Section 802 of the Limited Liability Company Law, which requires that within a hundred and twenty days after the filing of the application for authority, a foreign limited liability company (LLC) must publish in newspapers a copy of the application for authority or a notice containing the substance of the application for authority as a part of Process Service.

  1. WALMART AUTOMATORS LLC

The Walmart Automators LLC is a subsidiary group of Walmart  Albany and filed for incorporation with the Department of State on 3rd June 2021 in the county of Nassau. The entity itself is classified as a Domestic Limited Liability Company that falls under New York jurisdiction for New York City Process Service guidelines to be used.   The entity itself is exceedingly new and was established within the year

Process Service needs to be rendered on the  Secretary of State as an agent of a domestic limited company, although Walmart Automators LLC retains Legalinc Corporate Services Inc as to the registered agent on record for Process Service. Consequently, Process Service can be sufficiently done by personally delivering to and leaving with the Secretary of State duplicate copies of such  Process Service with the statutory fee, at the Albany office of the Department of State. The  Department of State then needs to send one of these copies by certified mail with the return receipt requested, to the Walmart Automators LLC at the address on file in the Department of State to fulfill Process Service stipulations.

  1. WALMART CLAIMS SERVICES, INC.

Walmart Claims Services, Inc. (dubbed ‘Arkansas Claims Management, Inc.’ in some locations) is the casualty claims administrator for Walmart Inc., its subsidiaries and affiliates in the family of companies, and Walmart’s insurance carriers. The entity accepts claims addressed specifically to the Claims management, although Process Service may also be provided to the registered agent or the chief executive officer. 

A foreign business corporation may apply for authority to do business in the State of New York by filing an Application for Authority pursuant to Section 1304 of the Business Corporation Law. It is necessary for a foreign business corporation to complete and file an Application for Authority with the Department of State. a Certificate of Existence should be attached to the Application for Authority, emanating from the official who files and maintains corporate records in the jurisdiction of the corporation This official is generally the Secretary of State, and many jurisdictions refer to the Certificate of Existence as a Certificate of Good Standing. The Certificate of Existence must be dated within one year. 

Completed Application for Authority as well as a USD 225 filing fee then becomes due to the New York State Department of State. If the foreign corporation has been conducting business in New York State prior to filing its Application for Authority, it must obtain the consent of the New York State Tax Commission (§1304 (a)(8), Business Corporation Law).

WALMART INC.

  1. Walmart operates via four divisions: [A.] Walmart in the U. S., [B.] Walmart International, [C.] Sam’s Club, and [D.] Global eCommerce. Throughout these sections, the business provides a variety of product categories, including supercenters, supermarkets, hypermarkets, warehouse clubs, cash-and-carry locations, home improvement, specialized electronics, restaurants, clothing shops, drugstores, and convenience stores.

The entity is typified as a foreign business corporation in New York with the initial Department of State filing done on 6th June 1990 in Suffolk, although it falls under Delaware jurisdiction.  Process Service may be levied on a principal executive officer or on a registered agent for accepting Process Service. Walmart Inc. retains CT Corporation System as a registered agent for Process Service.

  1. WALMART REAL ESTATE BUSINESS TRUST 

Wal-Mart Real Estate Business Trust provides real estate services. The Company rents and sells properties to the commercial sector. Since the entity was incorporated in Delaware, it exists in its capacity as a domestic (Delaware) statutory trust. A Delaware statutory trust (DST) is a legally recognized trust that is set up for the purpose of the business but not necessarily in the U.S. state of Delaware. It may also be referred to as an Unincorporated Business Trust.

The entity was established on 21st October 1996 and retains the Corporation Trust Company as a registered agent for Process Service. 

  1. WAL-MART INTERNATIONAL HOLDINGS, INC.

The Wal-Mart International Holdings, Inc. is a corporation organized and existing under the General Corporation Law of the State of Delaware, where the original Certificate of Incorporation was filed with the Secretary of State of Delaware on July 20th, 1999. The nature of the business remains within guidelines necessary to engage in any activity for which corporations are to be organized under the General Corporation Law of the State of Delaware and can be identified for the purposes of Process Service according to the Articles of Incorporation of the entity. However, the company is an international holding company, which are businesses established only to acquire and manage controlled interest in other enterprises. 

The registered office or place of business for Process Service for Wal-Mart International Holdings, Inc is in the State of Delaware. The registered agent for Process Service is the Corporation Trust Company. 

In 2019, Walmart revealed a new ‘future store’ and testing grounds for new technology, including IP cameras and interactive displays. The shop, a working idea dubbed the Intelligent Retail Lab, or IRL is a Walmart Neighbourhood Market in Levittown, N.Y. The shop is available to the public and is one of Walmart’s busiest Neighbourhood Market shops, which has more than thirty thousand products, according to the company.

Similar to the convenience shops of Amazon Go, the store features a set of cameras installed on the ceiling. However, unlike Amazon Go – a smaller shop by real estate standards- Walmart’s IRL covers 50,000 meters of retail area and employs more than a hundred people.

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Walmart Inc.

702 SW 8th Street
Bentonville, AR 72716

One can also send a copy of the letter to their registered agent:

CT Corporation System

ATTN: Walmart Inc.

818 West Seventh Street
Suite 930
Los Angeles, CA 90017

2. Peralta v. Henriquez, 292 A.D.2d 514, 739 N.Y.S.2d 196 (2d Dep’t 2002), appealed 100 N.Y.2d 139 (2003)’

3. Rowland v. Christian, 69 Cal.2d 108 (1968).

4. ‘The Right Plan for the Right Person: Introducing Walmart Insurance Services.’ Corporate, corporate.walmart.com/newsroom/2020/10/06/the-right-plan-for-the-right-person-introducing-walmart-insurance-services.

5. Gina Acosta Executive Editor. ‘Walmart Health Insurance Is Here.’ Progressive Grocer, 6 Oct. 2020, progressivegrocer.com/walmart-health-insurance-here. 

6. LORI FLEES

Address:702 SW 8TH STREET, BENTONVILLE, AR, United States, 72716

7.An application for authority or a notice containing the substance of the application for authority.  Publication must be done once a week for six successive weeks in two newspapers in the county in which the office of the LLC is located.   One newspaper must be ‘printed daily’ and the other ‘printed weekly.’  The newspapers must be designated by the county clerk of the county in which the LLC has designated as its office location as stated in the application for authority.  Publication must be done in New York State.

8. NY LLC L § 303 (2012) § 303. Service of process on limited liability companies.

9. This authorized individual may also be the deputy,  or  any  person  authorized  by  the secretary  of  state  to  receive  such  service

10 DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

Name LEGALINC CORPORATE SERVICES INC.

Address:1967 WEHRLE DRIVE, SUITE 1 #086, BUFFALO, NY, United States, 14221

11. CLAIMS MANAGEMENT, INC.

Address:28 LIBERTY STREET, NEW YORK, NY, United States, 10005

12. C T CORPORATION SYSTEM

Address:28 LIBERTY ST., NEW YORK, NY, 10005

13. DAVID STILLS

Address:708 SW 8TH STREET, BENTONVILLE, AR, United States, 72716

14. Should be forwarded to:

 New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231

15. WALMART INC.

Address:28 LIBERTY STREET, NEW YORK, NY, United States, 10005

16 . DOUGLAS MCMILLON

Address:702 SW 8TH ST., BENTONVILLE, AR, United States, 72716

17. C T CORPORATION SYSTEM

Address:28 LIBERTY ST., NEW YORK, NY, 10005

18. THE CORPORATION TRUST COMPANY

CORPORATION TRUST CENTER 1209 ORANGE ST

WILMINGTON County: New Castle

DE Postal Code: 19801

302-658-7581

19. https://www.sec.gov/Archives/edgar/data/12927/000119312506102223/d8k.htm

20. This would also address objects or purposes to be transacted, promoted, or carried on

21. To be located at 2711 Centerville Road, Suite 400, in the City of Wilmington, County of New Castle

22. Russell Redman 1 | Jun 25. ‘Walmart Enlists Artificial Intelligence for Online Grocery Substitutions.’ Supermarket News, 25 June 2021, www.supermarketnews.com/technology/walmart-enlists-artificial-intelligence-online-grocery-substitutions. 

23. ‘Walmart’s Ai-Powered Store of the Future Is Nothing like Amazon Go.’ Future Stores Miami 2022, futurestoreseast.wbresearch.com/blog/walmart-ai-powered-store-strategy-future-amazon-go. 

 

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