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Small Claims Court

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Stanley M. Ball

Guest
What is the name of your state? florida
a service business was paid up front, but did not perform the work correctly. He admits the error, and has repeatedly promised to rectify problem, but is always a "no show". This has been going on for 6 months. Finally I asked if he really intends to rectify his mistake or does he intend to put me off indefinately. He stated that he is not going to do anything because he has sold the business even though he is still working there (presumably as a consultant rather than employee). Can I sue him individually as the owner of the business at the time of the error, or must I sue the business itself even though the new owner had nothing to do with the problem? Or, am I just plain out of luck and not eligible for relief from anybody?
 


JETX

Senior Member
Was this 'service provider' a d/b/a (individual owned business) or a corporation?? If a d/b/a, then go ahead and sue the individual AND the d/b/a. If a corporation, then you can only sue the corporation. As for the sale, go ahead and sue anyway... unless the bill of sale excludes 'business liabilities', the new owner purchased them.
 
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AmericanWay

Guest
I don't know for sure about Florida, but in Virginia most business have to have a General Liability insurance policy. I say, find out who their insurance carrier is, or was at the time. It sounds like you're going to have to get a Lawyer involved, but this could easily come out in your favor, in which case Lawyer fees I believe will have to be paid for by the defendant.
 
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Stanley M. Ball

Guest
Thanks for the info. I am now trying to find out if business is d/b/a or if it is incorporated.
 

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