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  1. #1
    Join Date
    Jul 2007
    Posts
    10

    Default Can You Sue A Business And Its Owner

    I recently won a small claims case against a business....i won by default judgment because the business never bothered to file a defense or take it seriously. Now that i have won and am bound to collect the business is taking it seriously and the first course of action they are trying to do is to have the owner's name removed from the case (as well as filing a motion to set aside the default judgment). When i filed my case i not only put the business name as the defendant but also added a 2nd defendant: the Owner himself.

    To give you insight, this business was to do contract work on my home...they never bothered and so i am suing it. I wanted to put the owner on the case as well because i feared that by suing just the company this business would just claim bankruptcy and change its name and i would see nothing. By having the owners name i could go after him exclusively...Is that allowed or acceptable? I fear this is what he is planning on doing (claim bankruptcy or just change his company name).

    Can someone tell me, is there any way i can keep the owner as a defendant on this case?

    When the company came to work on my house i exclusively dealt with the owner of this business and he is the one i have problems with...he has been very shady with me throughout....he stole my money.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Sue A Business And Its Owner

    If this was a corporation (or LLC, or similar entity), you probably can't sue the owner.

    You haven't provided any facts which would justify suing the owner of a corporation for the acts of the corporation, even if the owner works there. There may be such facts that you haven't identified. A lawyer can analyze the specific facts of your case to try to determine if there is a way to keep the owner in the case.

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