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    blindmaker's Avatar
    blindmaker Posts: 2, Reputation: 1
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    #1

    Jun 12, 2010, 06:50 PM
    Should I sue the business who didn't pay for us for their products as a corp or ind.
    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    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's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 13, 2010, 08:38 PM
    Quote Originally Posted by excon View Post
    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.

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