QUESTION
What do I do about a law suit charge?
Asked on Sep 05th, 2012 on Litigation - New Hampshire
More details to this question:
I own a tiny advertising company. Not incorporated or an LLC. A client changed her mind, wanted to back out of the ad contract (a deposit was received). The deposit check was written to the Company Name. She has sued me personally and not the company itself. Is the valid issue with the company or with me as the owner?
13 ANSWERS
James Edward Smith
Yes.
Answered on May 22nd, 2013 at 4:18 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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This is a civil, not criminal, issue. You can file POs that the proper party in interest is not being sued.
Answered on Sep 13th, 2012 at 9:02 AM
Leonard A. Kaanta
Since you are sole proprietor, you are responsible for the debts as you are not incorporated.
Answered on Sep 11th, 2012 at 1:40 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Consult with an attorney about this. The suit can be brought against you because you are not incorporated.
Answered on Sep 11th, 2012 at 1:32 PM
Michael J. Breczinski
That would be with the company.
Answered on Sep 11th, 2012 at 12:41 AM
Thomas Edward Gates
Because you did not form a Limited Liability Company or Corporation, you personally would be required to satisfy any adverse judgment. The contract would be the starting point of any disagreement. What does it say concerning cancelation of work? How soon did she contact you after placing the order? Did you started the work? Did the down payment cover the work performed?
Answered on Sep 10th, 2012 at 4:21 PM
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
Yes. You, as a sole proprietor are the company and the company is you. This result would be different if your company were incorporated in that the company, that is the corporation would be a legal entity or legal person in its own right. So the lady sued you correctly.
Answered on Sep 10th, 2012 at 1:45 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes. It's valid.
Answered on Sep 10th, 2012 at 1:44 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you are not incorporated or are an LLC, then you are an individual doing business under the company name. You and the company are one in the same. A law suit against you is valid if sued against you personally. There is no separate legal entity which occurs when you incorporate.
Answered on Sep 10th, 2012 at 1:43 PM
If you have not organized as a LLC or Corporation, you are the company. It is known as a DBA, but in essence there is no difference between you and the company.
Answered on Sep 10th, 2012 at 1:36 PM
SAME THING. Fight the suit . . . not the little details.
Answered on Sep 10th, 2012 at 1:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It depends on the form of the company. If it is a sole proprietorship or a partnership you as an owner can be sued.
Answered on Sep 10th, 2012 at 1:32 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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This is a civil case and should be posted to a civil forum not a criminal one.
Answered on Sep 10th, 2012 at 1:28 PM