Can you sue someone as a person in small claims court for personal assets if you've singed an agreement with an Incorporated Company? What if the company was not Incorporated at the time of the signing of the agreement? I am on my way to small claims court and want to be able to sue John Doe DBA XXXXX Company, as opposed to XXXXX Incorporated? Can I do this legally? Because of the timing of the contract and the company was not Incorporated at the time?