Do I have to sue the person or the company?

[aliciatapp]

What is the name of your state?
I live in Texas and I am suing a company in South Carolina-- When I sent in the paperwork I wrote the persons name and company when asked who I was suing-- The court took out the company name and wrote the persons name--
The person has requested that I remove his name and just use the company name

I think they are going out of business-- because they have started a new website and their company name website is up for renewal Jan 1

It has been a month and I will contact the court tomorrow and I will fly down there for the court date whenever that is

Do I remove his name?

Thanks, Alicia

 

[Zigner]

What is the name of your state?
I live in Texas and I am suing a company in South Carolina-- When I sent in the paperwork I wrote the persons name and company when asked who I was suing-- The court took out the company name and wrote the persons name--
The person has requested that I remove his name and just use the company name

I think they are going out of business-- because they have started a new website and their company name website is up for renewal Jan 1

It has been a month and I will contact the court tomorrow and I will fly down there for the court date whenever that is

Do I remove his name?

Thanks, Alicia

Sue them both. What do you mean by "The court took out the company name and wrote the persons name"?

 

[seniorjudge]

Sue them both. What do you mean by "The court took out the company name and wrote the persons name"?

Yes and why the heck did you let some clerk tell you who to sue?

 

[aliciatapp]

I have been told by many people that you cannot sue the person that owns the company-- you can only sue the company ( corporation)-- Is this true?

should I take out the persons name and put in the company name only.

and if I do-- if they go out of business then I can't sue and I'm stuck paying a lot of money back to my client.

Confused

Thanks
Alicia

 

[dcatz]

OP – It doesn’t make sense to let the debtor or the court to tell you who to sue. At the same time, it is necessary for you to know who/what you’re suing and why. If you hope to take a judgment that you can collect, these should be your first goals. At this point, we don’t know this from your post.

To make the distinction with a couple of simple examples: (1) if you’re suing a sole proprietorship, you must have the individual and the company named (John Doe dba International Stuff), because John “is” International Stuff, it’s his assets that you will look to satisfy the judgment and dropping John and leaving International Stuff is going to require that you go back to SC to amend the judgment, but (2) if International Stuff is a corporation and John is just someone that you happened to deal with and the corporation is responsible for your injury, he is “probably” not an appropriate defendant and will end up getting dismissed (let the court do that, not a clerk and not you, unless you’re certain), and (3) if whatever injury you suffered was caused by a corporation and John, they both should be defendants.

Obviously, there is any number of possible variations, and you can see why you have to work it out carefully or provide more information. “Over-naming”, as Zigner suggests, is not going to hurt you; it will cost you to bring in parties that you don’t need. “Under-naming” will hurt you. Consider this and post back, if you wish, but identify your defendant(s):
https://forum.freeadvice.com/showthread.php?t=378761

 

[seniorjudge]

I have been told by many people that you cannot sue the person that owns the company-- you can only sue the company ( corporation)-- Is this true?

should I take out the persons name and put in the company name only.

and if I do-- if they go out of business then I can't sue and I'm stuck paying a lot of money back to my client.

Confused

Thanks
Alicia

Which of the following three words do you not understand?

...Sue them both....

 

[aliciatapp]

Okay, Thanks to you all

Wish me luck

Alicia

 

[aliciatapp]

I live in San Antonio and I am suing a vendor in South Carolina for defective merchandise.

I had taken your advice and sued his name ( He is the owner) and his Company name. The court date is Dec 10th.
This is a response from him this evening regarding this-- As you can imagine I am upset by this


" In addition you named me personally, which has caused me problems that I want to be compensated for. You knew that I should not have been named personally yet you named me in a public filing as the defendant.

I have to go to have my name removed from the lawsuit. Depending on what time and expense that causes me, you might want to plan on visiting again to answer that complaint."

 

[BL]

I live in San Antonio and I am suing a vendor in South Carolina for defective merchandise.

I had taken your advice and sued his name ( He is the owner) and his Company name. The court date is Dec 10th.
This is a response from him this evening regarding this-- As you can imagine I am upset by this


" In addition you named me personally, which has caused me problems that I want to be compensated for. You knew that I should not have been named personally yet you named me in a public filing as the defendant.

I have to go to have my name removed from the lawsuit. Depending on what time and expense that causes me, you might want to plan on visiting again to answer that complaint."

He's trying to intimidate you .

 

[VeronicaLodge]

yep, you have every right to name him as a defendant even if he ends up being dismissed from the case. if he is/was so concerned with his name being in a public document in this matter than he should have done whatever was necessary to settle the matter with you before it got to this point.

 

[seniorjudge]

I live in San Antonio and I am suing a vendor in South Carolina for defective merchandise.

I had taken your advice and sued his name ( He is the owner) and his Company name. The court date is Dec 10th.
This is a response from him this evening regarding this-- As you can imagine I am upset by this


" In addition you named me personally, which has caused me problems that I want to be compensated for. You knew that I should not have been named personally yet you named me in a public filing as the defendant.

I have to go to have my name removed from the lawsuit. Depending on what time and expense that causes me, you might want to plan on visiting again to answer that complaint."

Anybody can write nasty stuff...haven't you been reading the stuff on this very site?

 

[Dandy Don]

You may want to consider consulting a local attorney about this to determine whether you need to be doing anything differently and how to proceed. As an alternative, you could have looked up his company's name on the South Carolina Secretary of State's website (searching for his business through the Business Section, where you would have found the exact name of his company and also the name and address of his agent for service of process, to whom you could have officially mailed notice of the court action). What you have done does not appear to be a significantly material error.

 

[aliciatapp]

I went to the SC Secretary of State Site-- but there wasn't a listing of his company name