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View Full Version : Should I sue the business who didn't pay for us for their products as a corp or ind.


blindmaker
Jun 12, 2010, 06:50 PM
We provided services/products to the owner of a business (Corp) but he hasn't paid us. I feel if we sue him in small claims court as a individual, he signed his name without his title on the contract, that it would be easier to collect on the judgement. Any advice would be appreciated.

AK lawyer
Jun 12, 2010, 08:53 PM
Yes, if he signed individually, and not in behalf of the corporation, he would seem to be individually liable.

To prevail on a corporate limited liability defense he would have to be able to prove that you knew you were doing business with the corporation.

excon
Jun 13, 2010, 06:29 AM
Hello b:

I'd sue the corp AND him. The judge will dismiss the one that won't count.

excon

AK lawyer
Jun 13, 2010, 08:38 PM
Hello b:

I'd sue the corp AND him. The judge will dismiss the one that won't count.

excon

Both the individual and the corporation could be jointly liable. And in any case (If I correctly read what you wrote, he owns 100%. ), if you get a judgment against the individual, you could collect against assets of the corporation, if any.