I have a couple of questions about the best way to file an "affidavit
judgment claim" in small claims court.
I have done this before, and it is pretty simple however, there are a few nuances to this case and I want to be sure I'm doing it right.
First of all, we own an autobody repair shop. A customer brought his vehicle to us to have it repaired and was a self-pay. We had all the necessary forms signed, etc. At the end of the repair, low and behold, he did not have the funds to pay for the service, so he got his father involved in it. After a few weeks of haggling (because apparently his father did not want to pay either), his father finally paid for the repairs to his sons car with a credit card. We did not release the car until all the forms and charge slips were signed. A day or 2 later, he filed a protest with his credit card company and they took the money out of our account and asked us for documentation, which we gave them. After an investigation, they sided with us and gave the money back. About 2-3 weeks later, the money came out of our account again for the same customer as he apparently was not happy with their decision. After more investigation and more documentation, the credit card company sided with him, and now we have to chase this customer down in small claims court for $1300.00.
My question is, we are incorporated. How do I fashion the suit, in my inc. name or my trading name? And because it was the sons car but the father paid the bill, do I list them both as co-defendants? I have more questions about this, but I'll let you answer these first.