What if a business lied about being "Incorporated"?

[mitchelt]

What is the name of your state? Colorado


I am going to be suing a company that represented themselves as ---- Painting, Inc. (a one man operation)

I just went to the Colorado Secreteray of State web site to see who the registered agent is, and it did not have the company listed. I then called the Secretary of State to verify, and they said the company was not listed.

She recommended that I request a "Fact of no current record" report from them, to take to court.

My question is who do I sue in small claims court, the PERSON (John Doe), or the company ---- Painting, Inc?

I'm pretty sure the person owns a few rental homes/properties in the local area.

Can I use the fact that he lied about being Incorporated to my benefit? It sure seems like he has opened up his personal property to being sued.

 

[JETX]

"My question is who do I sue in small claims court, the PERSON (John Doe), or the company ---- Painting, Inc?
*** Name both the 'corporation' and the individual in your complaint and let the court sort it out. Also, by naming both parties in the same action, they can't use 'the other' as the party to blame in their defense.

"I'm pretty sure the person owns a few rental homes/properties in the local area."
*** Great!! Non-exempt assets that you can use to enforce your judgment!

"Can I use the fact that he lied about being Incorporated to my benefit?"
*** Absolutely. It can be used to impeach his integrity. Simply ask him lots of questions about the corporation (don't let him know that you have proof of its non-existence). Then, after he has made claims as to the corporation existing, etc., present the court with your proof that no such 'animal' exists. The court will look very dimly on his actions.... and credibility.

"It sure seems like he has opened up his personal property to being sued."
*** And that is why you name him personally in the suit.

 

[mitchelt]

Thank you JETX for the very detailed response!!

Mitch