Who to file against

[BLPA]

I want to file a small claims suit against a contractor business. Do I name the business or the owner as the defendant? If I have a choice, does it make a difference which I choose? Thank you.

 

[army judge]

It makes a big difference.
Is the business a company or corporation?
If so, sue the business.
Companies are legal persons.
So, sue the company.

If the business is not a company, sue the owner(s).


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[BLPA]

Thank you for the response. I am a little confused though. Are there three categories that I need to decipher between (business, company, corporation)? And how to I know which it is?

 

[army judge]

Thank you for the response. I am a little confused though. Are there three categories that I need to decipher between (business, company, corporation)? And how to I know which it is?

No.

I gave you all that you need to know to distinguish them.

A company or a person.

 

[Proserpina]

(IIRC, you can actually do both in PA - John Doe DBA Company name)

 

[BLPA]

Thank you. How does my choice affect the serving of the complaint? For example, if I use the company name only, would that be more likely to get served since anyone working there can accept it? Or if I address the owner and company name, does the owner have to be present at the time of delivery to get served?

 

[army judge]

An owner of a company or corporation is immune from suit. There are limited exceptions, none apply to small claims.

Just find out if the business is incorporated or not.
Then the designation is easy.

Before you get all enthused about suing, what's the nature of your lawsuit? Small claims are limited jurisdiction courts.


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