IOWA.
I incorporated in 2003, and have a small ( 2 trucks ) trucking company.
The business that I purchased tires from closed in 2006, and the owner
moved out of state.
Today I was served with a small claims complaint, not in the name of
the business I dealt with, but naming the previous owner as the Plaintiff.
Also, the filing is against myself and my husband. As proof of debt owed
the complaint shows bills and receipts from that company, not the individual
Here are my questions :
1) Can he sue me personally ? ( I do have a balance, and have made some
payments to him, since he closed. But not fast enough to satisfy him )
2) he lists on his complaint that my husband and I are DBA "trucking company "
but I am incorporated.
3) What is the best way to respond to this ?
As an aside, my husband was at the business once, making a payment, and he
used my trucking company's business CC. The plaintiff's complaint has a copy
of that receipt in their filing, but my name was forged on the receipt. I recognized it
was not my signature, and knew any payment I made myself was by company
check, not a CC. I checked my receipt, from my files, and nobody's name was on
it. I'm not disputing the receipt, just asking are there any legal ramifications of
the plaintiff signing my name on it ?
thanks in advance.What is the name of your state (only U.S. law)?
I incorporated in 2003, and have a small ( 2 trucks ) trucking company.
The business that I purchased tires from closed in 2006, and the owner
moved out of state.
Today I was served with a small claims complaint, not in the name of
the business I dealt with, but naming the previous owner as the Plaintiff.
Also, the filing is against myself and my husband. As proof of debt owed
the complaint shows bills and receipts from that company, not the individual
Here are my questions :
1) Can he sue me personally ? ( I do have a balance, and have made some
payments to him, since he closed. But not fast enough to satisfy him )
2) he lists on his complaint that my husband and I are DBA "trucking company "
but I am incorporated.
3) What is the best way to respond to this ?
As an aside, my husband was at the business once, making a payment, and he
used my trucking company's business CC. The plaintiff's complaint has a copy
of that receipt in their filing, but my name was forged on the receipt. I recognized it
was not my signature, and knew any payment I made myself was by company
check, not a CC. I checked my receipt, from my files, and nobody's name was on
it. I'm not disputing the receipt, just asking are there any legal ramifications of
the plaintiff signing my name on it ?
thanks in advance.What is the name of your state (only U.S. law)?