Suing an LLC

[heidi1970]

I am suing an LLC in the state of NH (I've never been to court before). When I filed the Small Claims Court action against the company, the court clerk told me to list the actual name of the defendant as well as the name of the company they are DBA ("doing business as").

The defendant is a landlord that failed to return my security deposit on an apartment that I rented which is owned under the LLC. The landlord is also named as the registered agent of the LLC.

To date, the defendant has neglected to respond to the court's first request for a hearing letter. Subsequently, the defendant was successfully served by the county Sheriff's office. The defendant has still not responded. With only a few days left to respond to the court's second request for a hearing, it appears as though I may be awarded the judgment by default.

QUESTION:

Was I correct in listing the defendant on the court papers the way I did? (i.e. joe smith, DBA xyz, LLC). Will the judge understand that I am suing the LLC and not the owner? Do I collect the judgment from the named registered agent (landlord) or the LLC?

 

[Michael Wechsler]

Originally posted by heidi1970
I am suing an LLC in the state of NH (I've never been to court before). When I filed the Small Claims Court action against the company, the court clerk told me to list the actual name of the defendant as well as the name of the company they are DBA ("doing business as").

The defendant is a landlord that failed to return my security deposit on an apartment that I rented which is owned under the LLC. The landlord is also named as the registered agent of the LLC.

To date, the defendant has neglected to respond to the court's first request for a hearing letter. Subsequently, the defendant was successfully served by the county Sheriff's office. The defendant has still not responded. With only a few days left to respond to the court's second request for a hearing, it appears as though I may be awarded the judgment by default.

QUESTION:

Was I correct in listing the defendant on the court papers the way I did? (i.e. joe smith, DBA xyz, LLC). Will the judge understand that I am suing the LLC and not the owner? Do I collect the judgment from the named registered agent (landlord) or the LLC?

I'm not sure and can't be unless I saw the paperwork. The judge will likely give you as much leeway as possible. In the future, if you can, list everyone as a defendant -- the landlord, his LLC and the landlord as agent. At worst, the lousy landlord will claim that you have the wrong parties but he'll be stuck in at least one instance!

 

[heidi1970]

Thank you so very much for you reply.

This is exactly how I listed the defendant on the court filings:

"Joe Smith (DBA Company XYZ, LLC)"

Joe Smith is the registered agent of Company XYZ, LLC. I really should have listed the LLC first (my bad) because my security deposit went into the bank account of the LLC (rather than that of the landlord/registered agent of the LLC ).

Question: If the judge awards me damages (likely by default at this point), do you think I may still be able to collect from the landlord personally even though he is not legally liable for not returning my deposit ? (technically the LLC is liable).

 

[freebird]

If you sued the LLC and the defendant it may be possible to collect from both. I'm not sure how your case was organized but I'd venture to say that unless the landlord wants trouble (report him to the state agency or freeze his bank accounts with the help of the court) then I would worry about crossing that bridge if it comes to that. In the meanwhile, send a demand letter if you win and see what happens.

Originally posted by heidi1970
Thank you so very much for you reply.

This is exactly how I listed the defendant on the court filings:

"Joe Smith (DBA Company XYZ, LLC)"

Joe Smith is the registered agent of Company XYZ, LLC. I really should have listed the LLC first (my bad) because my security deposit went into the bank account of the LLC (rather than that of the landlord/registered agent of the LLC ).

Question: If the judge awards me damages (likely by default at this point), do you think I may still be able to collect from the landlord personally even though he is not legally liable for not returning my deposit ? (technically the LLC is liable).