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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32595
Experience:  Began practicing law in 1992
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A company has filed a small claims case against my small business

Resolved Question:

A company has filed a small claims case against my small business (single owner LLC in Connecticut) which has no assets and netted a loss the past 2 years. The plaintiff listed a name for the defendant similar to, but not my company's legal name on the case. A quick search of the Sec. Of State website indicates no business exists with exactly the legal name contained on the notice of suit. The answer provided by the court lists yet a different name for the defendant. For the record, I do not owe them any money.

The names listed are:
Notice Of Suite: The PC Doctor LLC
Answer Form: PC Doctor LLC
Actual Legal Name Of Business: The PC Doctor, LLC

My questions:
1. Since my business is not listed correctly on any court documents, can I legally file an answer to this action?
2. If the answer to question 1 is yes, Am I obligated to do so to avoid a collectible judgement?
3. If the answer to question 1 is yes, should I point out the error in my answer filing?
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.
1) Yes, if you were served you file your answer and note that you were sued under the wrong name.

2) Yes, if you were served. If you don't then they will take the judgment and you then have to try and get it reversed, which is extremely cumbersome.

3) Yes.

Also, since you are a corporation you will have to have an attorney represent you. If you file the answer yourself it can be used as evidence that you are not really a corporation and thus the judgment can go against you personally.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.
Thank you for your response. I'm likely closing the business in the next month or two anyway, so am I correct in assuming that if I don't file the answer, they would have nothing to collect from?
Expert:  Dwayne B. replied 4 years ago.
No, don't assume that. If they "break through the corporate shield" then they can go after your personal assets. Also, don't dissolve the corporation or you will be personally responsible.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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