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  1. #1
    Join Date
    Apr 2019
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    2

    Default Can a Defendant Get a Lawsuit Dismissed Over an Error in the Business Name

    My question involves court procedures for the state of: mass
    Im a contractor and have another contractor taking me to small claims for a small amount. They filed my business name wrong with the original filing and they filed for a continuance and the business name is still wrong. I responded because I plan on going to court. Example (These are fake names) ABC123 Contracting and they listed as ABC123 Construction. If its filed under the wrong business name and mailed to my correct address, do I automatically win the case when I show up for court and show my contractors license and prove the wrong name was filed? Say they won they can not collect because it was filed under the wrong name? thank you

  2. #2
    Join Date
    Mar 2013
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    16,744

    Default Re: Small Claims Wrong Business Name Filed

    Quote Quoting filing5000
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    do I automatically win the case when I show up for court and show my contractors license and prove the wrong name was filed?
    No. You don't automatically win.

    Quote Quoting filing5000
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    Say they won they can not collect because it was filed under the wrong name?
    Once they find out they have the wrong name they'll just file a motion to amend their complaint with the proper name. And the judge will allow it because it's harmless error.

    Judge's prefer to rule on the merits of the case not on some technicality that can be easily fixed.

  3. #3
    Join Date
    Apr 2019
    Posts
    2

    Default Re: Small Claims Wrong Business Name Filed

    Ok. I know that was a dumb question. I asked because I read online that if the name is filed wrong the other party could have trouble collecting payment if they won. Thank you for your help

  4. #4
    Join Date
    Mar 2013
    Posts
    16,744

    Default Re: Small Claims Wrong Business Name Filed

    Quote Quoting filing5000
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    I asked because I read online that if the name is filed wrong the other party could have trouble collecting payment if they won.
    That could be true. Collecting on a judgment is difficult under the best of circumstances. But that has nothing to do with winning the judgment. And, as I said before, likely to be corrected during the litigation so the judgment name will be correct.

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