QUESTION

I'm filing a small claim against a Physician whose company is a Professional Corporation; question is do I name the business or the physician?

Asked on May 21st, 2021 on Business Law - North Carolina
More details to this question:
My client is in breach of our contract and I'm filing a small claims complaint but unsure if I'm to name the client or the business being that the business is a Professional Association?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The general rule is to sue everyone, but in a contract action you would generally not have any recorse against a non-party to the contract, so who is your contract with, the physician individually or the P.A.?  if  you're suing on a contract between yourself and the P.A., the physician would generally not have any personal liability on that contract.
Answered on May 21st, 2021 at 9:31 AM

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