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-   -   Business name to sue (https://www.askmehelpdesk.com/showthread.php?t=142412)

  • Oct 18, 2007, 10:09 PM
    nagyc
    Business name to sue
    I contracted a Tile Company named ___________Inc. (on their letterhead)
    Their sign says _______________ (which is different), doing business as
    Failure of my tile deck occurred and a new owner took over 1 month prior to deck failure
    He tells me he bought shares
    He tells me he is a Incorporated company
    I'm filling out my small claims forms and thought a simple corporate registry search would give the correct company to name in the suit
    Both names do not come up as ever being registered, company, partnership, proprietor through the Ministry of Finance
    Now what?
    Who can I name on my suit? - New owner personally
    - Previous owner who I contracted with (I found papers at the courthouse that she sent to them regarding another suit against her and she states the names I have as her company as being registered with ministry of finance and Incoroporated, although she may have lied)
    - can I use all the names I have (doing business as)
    Will it get thrown out if I can't find the "real" company name
    In my heart I think it is a registered company
    My problem, I don't know where to go or what to do now because I don't know how to find out who they are. The business is in an area where no business licenses are required.
  • Oct 19, 2007, 04:33 AM
    tickle
    I would call it "her actual name' operating as and list all the names she gave you. Does she have a numbered company as well in the list that you found?
  • Oct 19, 2007, 09:33 AM
    JudyKayTee
    Where are you located? In MOST areas it is illegal to present yourself as incorporated if you are not; likewise, you cannot claim to be a D/B/A (doing business as) if you are not. I would name as Defendants: the company on the letterhead; the name on the sign (the d/b/a), the name of the individuals, both past and present. The Court and/or the various Defendants will sort it out.

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