QUESTION
Who do I sue in a B to B small business claim-the company, the owner of the company, or both?
Asked on Nov 11th, 2013 on Business Law - New York
More details to this question:
I am a graphic designer with a client who owes me over $3,500 for services rendered. I am filling out the Complaint Form and it gives me the option for an additional defendant. Do I sue the owner of the company, the company with the owner as an additional defendant, or just the company?
1 ANSWER
With whom did you contract, the company or the owner personally? If you contracted with a company, is the company a separate legal entity, like a corporation or an llc, or is it a sole proprietorship? If you have a contract with an independent legal entity, like a corporation, for example, only the corporation is liable on the contract, not the owner, and you should sue only the corporation. As a practical matter, if you aren't sure about the answers to these questions, you should sue both.
Answered on Nov 12th, 2013 at 11:37 AM