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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?



Personal liability?

The answer to your question depends on the wording of the contract and the manner in which “John Doe” signed it. If he signed, “John Doe,” you can sue him. If he signed “John Doe, President of xxx, you probably can not. Also, if the contract specifies it is between you and the company, when it is formed, then also, you probably must sue the company.

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