Being sued as a sole proprietorship not an LLC

What is the name of your state?
Wisconsin

I had a small business that was organized as a Limited Liability Company. I have since dissolved this business and am paying off a few personal guarantees that I personally signed. I am being taken to small claims court by a company that leased a small office to my company. I sent the owner an email stating the business was dissolved and that I never signed a personal guarantee and he sent me a reply stating that my business was listed as a sole proprietorship on the lease. I informed them my business was an LLC before the lease was drawn up. My business never existed as a sole proprietorship and I never noticed they listed my business as such when I signed the lease. The amount of money isn't huge...but it's huge to me at this time. If I screwed up by not reading the lease close enough I will pay it...but I don't see how the lease was ever valid if one of the businesses on the lease never existed.

Thanks for any advice.

smokeybarnable said:

If I screwed up by not reading the lease close enough I will pay it...but I don't see how the lease was ever valid if one of the businesses on the lease never existed.

Thanks for any advice.

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Simple solution. Ask them to provide you with a copy of the lease. If it shows you claimed d/b/a... then pay it.
If not, get prepared to argue your d/b/a versus LLC argument in court.

so in other words by my signing an incorrect lease it means my LLC magically turned into a sole proprietership?

smokeybarnable said:

so in other words by my signing an incorrect lease it means my LLC magically turned into a sole proprietership?

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Nope. It means that YOU are responsible for the lease you signed in whatever form you presented yourself to be.

I presented myself as an LLC and they changed me to a sole proprietor on the lease. Why is that legal?

smokeybarnable said:

I presented myself as an LLC and they changed me to a sole proprietor on the lease. Why is that legal?

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Get your facts straight. Here you are claiming that they changed it.... and in your original post you said: "he sent me a reply stating that my business was listed as a sole proprietorship on the lease. I informed them my business was an LLC before the lease was drawn up. My business never existed as a sole proprietorship and I never noticed they listed my business as such when I signed the lease".

So, you seem to be claiming now that THEY had you as a d/b/a.... and you signed anyway.
So, my answer remains.....
"Simple solution. Ask them to provide you with a copy of the lease. If it shows you claimed d/b/a... then pay it.
If not, get prepared to argue your d/b/a versus LLC argument in court."

ok i will pay it. I just wanted to know if deception was legal and you gave me the answer. Now i know why lawyers exist.