Consumer Law, Warranties Contract signed with "corporation" that isn't incorporated

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asperling

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Hi -

My company (incorporated in state of NC) signed a contract for services to be provided in building a website with another company. All paperwork, contract, contact information, etc. for them indicates that they are an LLC registered in the state of NC. They breached contract and did not provide services that were promised. In turn we are taking them to small claims court. In just doing our research, we discovered that they are not registered as an LLC, INC or CORP. The contract was written as an agreement between the companies, not our company and them as individuals. It seems as thought the contract in whole would have been null since it was not written with a legal entity. We're hoping in addition to being negligent in producing a product this would result in ruling in our favor in small claims court. Any thoughts?

Thanks!
 
Amend the claim to include filing against the person who provided the services. You've got the right idea - without a corporate entity the company is actually a 'sole proprietorship' or an individual.
 
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