Suing an LLC

State: NH

I am suing an LLC in the state of NH (I've never been to court before). When I filed the Small Claims Court action against the company, the court clerk told me to list the actual name of the defendant as well as the name of the company they are DBA ("doing business as").

The defendant is a landlord that failed to return my security deposit on an apartment that I rented which is owned under the LLC. The landlord is also named as the registered agent of the LLC.

To date, the defendant has neglected to respond to the court's first request for a hearing letter. Subsequently, the defendant was successfully served by the county Sheriff's office. The defendant has still not responded. With only a few days left to respond to the court's second request for a hearing, it appears as though I may be awarded the judgment by default.

QUESTION:

Was I correct in listing the defendant on the court papers the way I did? (i.e. joe smith, DBA xyz, LLC). Will the judge understand that I am suing the LLC and not the owner? Do I collect the judgment from the named registered agent (landlord) or the LLC?

Please accept my apologies for asking such stupid questions...

heidi1970 said:

State: NH

I am suing an LLC in the state of NH (I've never been to court before). When I filed the Small Claims Court action against the company, the court clerk told me to list the actual name of the defendant as well as the name of the company they are DBA ("doing business as").

The defendant is a landlord that failed to return my security deposit on an apartment that I rented which is owned under the LLC. The landlord is also named as the registered agent of the LLC.

To date, the defendant has neglected to respond to the court's first request for a hearing letter. Subsequently, the defendant was successfully served by the county Sheriff's office. The defendant has still not responded. With only a few days left to respond to the court's second request for a hearing, it appears as though I may be awarded the judgment by default.

QUESTION:

Was I correct in listing the defendant on the court papers the way I did? (i.e. joe smith, DBA xyz, LLC). Will the judge understand that I am suing the LLC and not the owner? Do I collect the judgment from the named registered agent (landlord) or the LLC?

Please accept my apologies for asking such stupid questions...

Click to expand...

**A: yes, but in my opinion you should have listed both the LLC and the landlord individually as joint defendants.

"Was I correct in listing the defendant on the court papers the way I did? (i.e. joe smith, DBA xyz, LLC)."
*** In my opinion, if you did exactly as you indicated you may be in error.

Normally, the LLC is the primary and the dba secondary...... and the individual is optional.

So, based on your example, the proper format would likely be:
Your name
v.
XYZ, LLC d/b/a ABC
and
Landlord, Individual

"Will the judge understand that I am suing the LLC and not the owner?"
*** The problem is.... you should be suing the owner of the property, whether it be the LLC or whoever.

"Do I collect the judgment from the named registered agent (landlord) or the LLC?"
*** You would enforce the judgment against any party named by the court as the judgment debtor.

Your input is very much appreciated.

The "LLC" is actually the company (i.e. XYZ is the "Limited Liability Company").

So basically, I did correctly list the the actual name of the LLC AND the registered agent of the LLC on the court papers as follows:

Joe Smith, DBA XYZ (which is the LLC).

The only thing that concerns me is that I listed the registered agent first, rather than the LLC... Perhaps it doesn't matter since the defendant is defaulting.

Thanks!

Something is incorrect in your post (or thinking). An LLC is usually NOT the dba.

The LLC is usually the parent corporation and they milght have a dba (doing business as) registered name for their business. It would be unusual (in my experience) for a dba to BE the LLC.


For example:
Honda Motor Corporation, dba Honda Leasing

or

Don Adams, LLC, dba Adams Drugs

I see your point...

Well, hopefully the judge will understand.

Even though it was the LLC that cashed my security deposit (rather than the landlord/registered agent), if the judge awards me damages by default, do you think I may still be able to collect from the landlord?

That will depend ENTIRELY on how the court renders the judgment. If they include the individual 'landlord', you can go after him. If they do not, then you can't.

Personally, this individual would be an idiot to allow the court to include him in the judgment. Simply, an individual (even if he is the person who gets and deposits the checks) cannot be held liable for the debts of a corporation (except in extreme circumstances).

Sadly, the person I am dealing with here is not the sharpest tool in the shed...

I contacted the court today and they advised that I file a Motion to Amend. This way I can switch things so that the name of the LLC is listed first and the registered agent of the LLC second (the landlord) instead of the other way around -- assuming that the judge approves it.

JETX, thanks for you input on this. Will keep you posted on the outcome...

heidi1970 said:

Sadly, the person I am dealing with here is not the sharpest tool in the shed...

I contacted the court today and they advised that I file a Motion to Amend. This way I can switch things so that the name of the LLC is listed first and the registered agent of the LLC second (the landlord) instead of the other way around -- assuming that the judge approves it.

JETX, thanks for you input on this. Will keep you posted on the outcome...

Click to expand...

**A: if both parties are named as defendants, then it does not matter who is named first and vice-versa.

"if both parties are named as defendants, then it does not matter who is named first and vice-versa."
*** Kind of correct.....

It doesn't matter if the individual or the LLC is named first. But that is not what this thread is about..... that being whether the ONE party is named dba first and LLC second (not correct) OR the LLC first and its dba second (correct).

Then you are right if the discussion was regarding one party or a single defendant entity.

Yes, this lawsuit is being brought against one party only (the LLC) since it was the actual name of the LLC that endorsed my $1600 security deposit check (and never gave it back).

In this case, it appears that the LLC is "doing business as" the actual LLC (as opposed to using some other name).

I conducted a business name lookup on the Government of NH's web site. I found the registered name of the LLC (as listed on the back of my canceled check). The landlord is also listed as the registered agent.

So, what I will include in my Motion to Amend is a revision listing the LLC first and the registered agent of the LLC second. This make sense?

"In this case, it appears that the LLC is "doing business as" the actual LLC"
*** A 'dba' (doing business as) or 'aka' (also known as) is simply a process of registering a person or corporation to use another name in their business. An example would be:
Jane Smith d/b/a Jane's Curtains
or
Dr. John Taylor, LLC, d/b/a Family Physicians.

There is simply no reason for a corporation (or individual) to record a d/b/a to allow them to register to do business in their own name.

"This make sense?"
*** No. If for some unknown reason you are correct in that they are really dba themselves, go ahead and name them as previously advised.....

ABC Company, LLC, d/b/a ABC Company