Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law

A company has filed a small claims case against my small business

Customer Question
(single owner LLC in Connecticut)...
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: 5 years ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 4 minutes by:
2/1/2012
Business Lawyer: Dwayne B., Attorney replied 5 years ago
Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,305
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
Verified
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.
Ask Your Own Business Law Question
Customer reply replied 5 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?
Business Lawyer: Dwayne B., Attorney replied 5 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.
Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,305
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
Verified
Dwayne B. and 87 other Business Law Specialists are ready to help you
Ask your own question now
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,305
34,305 Satisfied Customers
Experience: Practicing for over 20 years and helped a number of businesses with litigation.

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
I have a small business I have two contracts in a mine two
I have a small business I have two contracts in a mine two different planners asked me to do work I was told by several mine employees that one was the priority so I did that work the other planner go… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
Law Educator, I have a small business and seeking to hire an
Good Morning Law Educator, I have a small business and seeking to hire an employee which the position would be bookkeeper or secretary. Since I am an orthodox religious jew, it is a requirement for th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a Tennessee corporation LLC that is being sued in
I have a Tennessee corporation LLC that is being sued in Colorado. If they want to pierce the veil of the LLC do they have to pursue that in Tennessee or can they do that in Colorado? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
What should we do? We are a small business with 8 retail
What should we do? We are a small business with 8 retail stores; that sells women's Swimwear. Today, we received an email through a feedback form (shows IP address; coming from his store) on our websi… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Is there a rule which requires that a corporation (or LLC)
Is there a rule which requires that a corporation (or LLC) must have a lawyer in a civil case?… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
The 60% business owner to an LLC with no articles of
the 60% business owner to an LLC with no articles of organization, has done things that makes all of us want to separate. however the 40% owners hold all MHIC licenses. Can the 60% just move the compa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a question in regards to a small business my wife and
I have a question in regards ***** ***** small business my wife and I are looking into starting. We would like to get some insight on some of the legal issues we'd have to get covered for this busines… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
We have a small business - professional services - as a
We have a small business - professional services - as a partnership LLC between two partners. Do you have an example of an "operating agreement" for such a business? we need a template so we can fill … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I have a LLC business in the state of Texas. It is currently
I have a LLC business in the state of Texas. It is currently a sole proprioter. If I want to add 2 partners do I need to change it to a corporation? Or can I leave as is and just generate an agreement… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I recently applied for a small business loan. The lender is
I recently applied for a small business loan. The lender is affiliated with and funded by the U.S. Department of Housing & Urban Development and a partner of the U.S. Small Business Administration, U.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We are selling a small business and need the paperwork done
We are selling a small business and need the paperwork done for taking a note on it and other items pertaining to the sale. What type attorney should I be looking for? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Converting my llc business to a c corporation and looking
Converting my llc business to a c corporation and looking for a lawyer to sign the paperwork … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,698 satisfied customers
Im a (non-involved) part owner of a small business in
im a (non-involved) part owner of a small business in Georia. I was offered and paid money to sell my shares to my nephew. My partners lawyers wrote and states due to the corporate bylaws the sale is … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,868 satisfied customers
I am negotiation legislation for a group of small businesses
I am negotiation legislation for a group of small businesses with a state agency. The agency is asking our industry for a price to provide a service we currently do not provide. To avoid federal and s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Closed a small business but my bank won't close the business
Closed a small business but my bank won't close the business account without a dissolution "confirmation". What is the confirmation? A letter? A form?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Are there any legal funds to support small business owners
Are there any legal funds to support small business owners especially female small business owners? I heard legal aids programs usually support consumers instead of small business owners. Thanks.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am currently a small business owner of a corporation in
I am currently a small business owner of a corporation in California. I would like to add another business(bar) to my corporation, but I would need 2 or 3 investors to help inject capital(cash) into t… read more
Jim Williams
Jim Williams
Juris Doctorate
6 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x