Legal Junkies Forums

#1 Community for Legal Questions and Answers

 
Go Back   Legal Junkies Forums > ATTORNEYS, COURTS, LITIGATION > Small Claims Courts

Register FAQ Tags Members List Social Groups Search Today's Posts Mark Forums Read Layout

Notices


Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old 05-30-2017, 05:14 PM   #1
JK27
Junior Member
Country:  
JK27's Flag is: United States
 
Join Date: May 2017
Posts: 1
Default If a defendant is not a registered company?

If the defendant is not a registered company in the town in which they reside and is not an LLC or INC, how would this effect my claim against this company? I filed a small claim against a company who did work on my house and called to find out the town clerk as well as the city to get this information. Turns out they are not registered anywhere. Does this mean this company is not insured?
JK27 is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 05-30-2017, 05:49 PM   #2
PattiP
Junior Member
Country:  
PattiP's Flag is: United States
 
Join Date: Oct 2016
Posts: 12
Default Re: If a defendant is not a registered company?

Then sue the individuals involved personally.

And let them explain in court why they are not legally formed or registered.
IF they even show up.
PattiP is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 05-31-2017, 01:47 AM   #3
adjusterjack
Top Level Member
 
Join Date: May 2016
Posts: 942
Default Re: If a defendant is not a registered company?

Quote:
Originally Posted by JK27 View Post
Turns out they are not registered anywhere. Does this mean this company is not insured?
Not necessarily. Sole proprietors buy insurance. But whether they have insurance or don't have insurance has nothing to do with the merits of your case.

Neither does whether or not they are registered anywhere. That's between them and the state.

If the company is a sole proprietorship you sue Joe Blow DBA Whatever.

Of course, if Joe Blow is fly by night you might find it easy to get a judgment and still never see a nickel.

I'm guessing you didn't check him out before hiring him.
adjusterjack is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 06-12-2017, 05:28 AM   #4
Unregistered
Guest
 
Posts: n/a
Default Re: If a defendant is not a registered company?

If they are not properly registerd as a company or the registration has lapsed, then the individuals involved can be sued and held liable.
  Reply With Quote


Did you find this post helpful? Yes | No
Old 06-16-2017, 04:43 AM   #5
LJJ
Guest
 
Posts: n/a
Default Re: If a defendant is not a registered company?

Quote:
Originally Posted by PattiP View Post
Then sue the individuals involved personally.

And let them explain in court why they are not legally formed or registered.
IF they even show up.


I agree 100%, sue the individuals and let them explain to the court why they should have corporate status and why they should not be personally liable.
  Reply With Quote


Did you find this post helpful? Yes | No
Old 08-12-2017, 07:36 AM   #6
Unregistered
Guest
 
Posts: n/a
Default Re: If a defendant is not a registered company?

Quote:
Originally Posted by adjusterjack View Post
Not necessarily. Sole proprietors buy insurance. But whether they have insurance or don't have insurance has nothing to do with the merits of your case.

Neither does whether or not they are registered anywhere. That's between them and the state.

If the company is a sole proprietorship you sue Joe Blow DBA Whatever.

Of course, if Joe Blow is fly by night you might find it easy to get a judgment and still never see a nickel.

I'm guessing you didn't check him out before hiring him.

I always add the individuals in my filings because often the sole proprietorships dont do everything correctly and then the option is to collect from the person, not the defunct legal entity he or she formed.
  Reply With Quote


Did you find this post helpful? Yes | No
Old 08-25-2017, 06:05 AM   #7
Wenton2
Top Level Member
Country:  
Wenton2's Flag is: United States
 
Wenton2's Avatar
 
Join Date: Sep 2016
Posts: 708
Default Re: If a defendant is not a registered company?

Quote:
Originally Posted by JK27 View Post
If the defendant is not a registered company in the town in which they reside and is not an LLC or INC, how would this effect my claim against this company? I filed a small claim against a company who did work on my house and called to find out the town clerk as well as the city to get this information. Turns out they are not registered anywhere. Does this mean this company is not insured?

Sue them in small claims and name every name you have that they used with you, and name the individuals as posters noted above. The persons may even face fraud charges if they willfully and purposely misrepresented their status.
Wenton2 is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 08-25-2017, 09:57 AM   #8
Lexus
Top Level Member
 
Lexus's Avatar
 
Join Date: Sep 2010
Posts: 7,977
Default Re: If a defendant is not a registered company?

Regardless of their registration you can claim them for damages together with allegations of fraud and misrepresentation. In such a situation they will be forced to show facts in order to justify their activities.
Lexus is offline   Reply With Quote


Did you find this post helpful? Yes | No
Reply

Bookmarks

This thread has 7 replies and has been viewed 359 times


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Registered BVI Company's Standing to Bring Legal Action BVI Other Business and Finance Law Issues 2 11-02-2011 12:15 AM
Re-registered company: Can the customer successfully sue us? Malaysia Other Business and Finance Law Issues 1 09-04-2011 04:49 PM
Minimum registered capital for a trading company Unregistered Doing Business in China 3 03-02-2010 07:14 AM
I want to know LUCKYSTARS.ASIA is a registered company or not Unregistered Business Contracts and Partnerships 1 10-01-2009 03:27 AM
Cook Islands Registered Company JPA Miscellaneous Topics 0 03-13-2009 11:36 PM




All times are GMT -4. The time now is 03:26 AM.


Use of the Forums is subject to our Disclaimer. Copyright 2009-2017 by LegalJunkies.com