company name not completely accurate on subpoena

What is the name of your state?What is the name of your state? New York

I live in Los Angeles but I am suing a New York City based business in small claims court. Although I got someone to mail me the paperwork, I wasn't able to get anyone to search the country clerk's records to make sure I got the name of the company 100% right. THere is a possibilty that the real title may be a slight variation on what I put down on the subpoena. My question is this: is it possible that I will show up for this case in NY and it will be dismissed on this techinicality? And if so, do I just submit another form with the correct company title? I mean, it's worth it to me to fly out to NY once to recover this money -- twice is a bit much.

Any advice/input would be appreciated.

Thanks.

eyefull said:

What is the name of your state?What is the name of your state? New York

I live in Los Angeles but I am suing a New York City based business in small claims court. Although I got someone to mail me the paperwork, I wasn't able to get anyone to search the country clerk's records to make sure I got the name of the company 100% right. There is a possibility that the real title may be a slight variation on what I put down on the subpoena. My question is this: is it possible that I will show up for this case in NY and it will be dismissed on this technicality? And if so, do I just submit another form with the correct company title? I mean, it's worth it to me to fly out to NY once to recover this money -- twice is a bit much.

Any advice/input would be appreciated.

Thanks.

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Why couldn't you have made a phone call to the county clerk's Office yourself for the proper name ?

I take it you have already submitted the small claims form ? How did you submit it ?

It is entirely possible the case would be dismissed w/o the correct CO. name .

You need to call the small claims clerks office.

If the case is already on the calendar , you can either request an amendment ( correction ) before you start presenting you case OR if you have enough time when you call the clerk's office find out what Judge will be hearing the case and write a letter requesting the caption for the defendant be change to reflect the correct name .

Look it up online:
http://appsext5.dos.state.ny.us/corp_public/enter_search

If you're close, I doubt it will matter, small claims is quite liberal. However, if you're way off base, you'd likely need to serve them again in the correct name in order to ensure you don't get dismissed on a failure to obtain jurisdiction defense.

thanks, folks

I didn't realize the county clerk's records were online. Indeed, it seems my company name is slightly off. It would be the difference between "XYZ Publishing Group" which is what I put down, instead of the proper "XYZ Interactive Publishing." Is there a way I can file an amendment or is this close enough? Thanks again.

eyefull said:

I didn't realize the county clerk's records were online. Indeed, it seems my company name is slightly off. It would be the difference between "XYZ Publishing Group" which is what I put down, instead of the proper "XYZ Interactive Publishing." Is there a way I can file an amendment or is this close enough? Thanks again.

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No, it is not 'close enough'.... the law doesn't work that way. Nor would a physicians removing the wrong kidney be 'close enough'!!!

Your best bet is to dismiss the current incorrect filing and refile using their correct name.

OK, to make this simple...

I've already filed my papers and received my court date. How do I now file an amendment?

I checked the "Guide to Small Claims Court" the NY State court gives you, and it gives no information about filing an amendment, although it does indicate that such a thing is possible. It also says that the exect name is not necessary as long as the one you use is one the company does business under. I'm confused and worried.

eyefull said:

OK, to make this simple...

I've already filed my papers and received my court date. How do I now file an amendment?

I checked the "Guide to Small Claims Court" the NY State court gives you, and it gives no information about filing an amendment, although it does indicate that such a thing is possible. It also says that the exact name is not necessary as long as the one you use is one the company does business under. I'm confused and worried.

Click to expand...

If the case is already on the calendar , you can either request an amendment ( correction ) before you start presenting you case OR if you have enough time when you call the clerk's office find out what Judge will be hearing the case and write a letter requesting the caption for the defendant be change to reflect the correct name . [ for the second time ]

Also, NY State Guide to small claims Court:

Must I know the defendant's correct name ?

When filing a Small Claims case, the claimant must provide the name and address of the person or business being used. If you do not know the correct legal name of the defendant, you can sue using any name under which the defendant does business. However, you should go to the office of the County Clerk in the county where the business is located to find out who owns the business and the legal name of the business. The County Clerk's office keeps a record of the names under which businesses are operated.

If you discover the defendant's correct "legal" name before the trial date, return to the Small Claims Court and have the case papers changed to state the correct name of the defendant.
________________________________________

NOTE: I requested an amendment to the defendant's name on the Caption dated July,30th,04 ,to the court's clerk, fallowed up by an E-mail to the Judge.

The Judges letter to the Defendant : Dear ( defendant's name ):

This letter is in response to the July 30,04 letter of the Plaintiff ( name ) to this court requesting the cation to be amended to read : ( rightful name ).

If you have any objection to the change notify my chambers in writing on or before Aug. 18,5:00.
If no response is received the clerk will be directed to amend the caption without further notice to you .

CC: to me If this helps !!

If you know how to recognize the exact company name or its officers/address, visit the New York Secretary of State's website at www.dos.state.ny.us and do a search by name on the "CORPORATIONS SEARCH" link.

Or, post the company name and address information you have here and we can look it up for you. It is vitally important, as you realized, for you to get THAT right before it gets to court.

DANDY DON IN OKLAHOMA ([email protected])

Dandy Don said:

If you know how to recognize the exact company name or its officers/address, visit the New York Secretary of State's website at www.dos.state.ny.us and do a search by name on the "CORPORATIONS SEARCH" link.

Or, post the company name and address information you have here and we can look it up for you. It is vitally important, as you realized, for you to get THAT right before it gets to court.

DANDY DON IN OKLAHOMA ([email protected])

Click to expand...

Not big on reading prior replies, are you? Check #3 out.

eyefull said:

OK, to make this simple...

I've already filed my papers and received my court date. How do I now file an amendment?

Click to expand...

Okay, to make this simple.... you don't.
It will do NO good to file an amended name as the party you WANT to sue has NOT been served with proper notice of the lawsuit.
The party that was served can simply ignore your notice as it is NOT them. Then, when they don't respond and you get a default judgment, the judgment will be worthless.... since the proper party to the suit has NOT been served.

That is why I told you to dismiss your wrong named suit and refile (and serve) on the correct party.

Oh, and if you didn't know it already, the responses by 'Blonde Lebinese' AND 'Pansy Don' are NOT correct. The 'Motion to Amend'' that they are trying to figure out is done POST-hearing!!!

OK, thanks, one last question...

How do I dismiss the suit and refile? I am not in NY. I have an extra form so I can refile, but what do I do to dismiss the original suit?

Also, just to be sure, if the company does business under the name mentioned in the suit, but is not the name they filed with the county clerk's office, then that's still does me no good?

Again, thanks everyone for taking the time to respond.

You can call the clerk and ask them if they have a form to discontinue the suit. If not, ask them what format they would accept.

As far as getting the correct defendant on the next go around, you can name as a defendant the "official" entity listed in the Dept of State records, "d/b/a" the name they do business under, (assuming the dba is not the registered name). You will only have to serve the company at the address listed in the Dept of State register, not at its dba address. (Unless, of course, the dba address it the same as the service of process address).

eyefull said:

How do I dismiss the suit and refile? I am not in NY. I have an extra form so I can refile, but what do I do to dismiss the original suit?

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Since this is small claims (informal) court, you should simply be able to send them a very nice, concise, POLITE letter (copy to the defendant- use the same 'incorrect' name) asking the court to dismiss the lawsuit WITHOUT PREJUDICE (that will allow you to refile).

If the business is a dba, then you can simply file against the OWNER (by name) and have him/her served at the address of the business or their home address.

If the business is a corporation, then you will have to find out their 'registered agent' and serve him/her at the name/address shown in the corporate records:
ABC Corporation
Bob Johnson, registered agent
Address of Agent
City, State ZIP

JETX said:

If the business is a corporation, then you will have to find out their 'registered agent' and serve him/her at the name/address shown in the corporate records:
ABC Corporation
Bob Johnson, registered agent
Address of Agent
City, State ZIP

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Yep, and all this good info is contained in the DoS website links above, so you don't even need to leave the comfort of your chair to find it. Just remember to send the new summons via certified, RRR mail.

Much obliged for all the helpful information. I guess I made a bit of a mess of things. But to proceed...

I write a letter to the judge or court and ask for a dismissal and then refile under the correct name, correct? According to the "Entity Information" online database, the REgistered adresse as well as the registerd agent both apparently resigned (not a good sign, I suppose). Anyway, I plan to refile at the address from which they do business, which I know is still current. Again, thanks to all.