In the Small Claims action you can sue individuals as well as businesses. When suing the individuals make sure that the defendant is 18 years of age or over and that you have the correct spelling of his name and the correct address of his/her residence. If the person that you are suing is younger than 18, you can sue his/her parent or guardian.
When suing the business entity it is important to determine the nature of the entity you are filing your claim against. There are three ways a person may do business: sole proprietorship. partnership and corporation.
To sue a sole proprietor, you file against the person running the business, no matter what name he or she is using. It is important however, to find the legal name of the individual running the business. Additional help how to find the legal name can be obtained in the court.
To sue a partnership you should get the names of the partners. Under the law, each of the partners is responsible for the obligations of the partnership and therefore can be sued separately as an individual.
To sue a corporation, on the other hand, you file an action against the corporation. A corporation is a separate legal entity. To properly sue a corporation you should first contact the secretary of state and find out who the "agent for service" is so that you know who to serve with the papers. Call 1-800-252-1386 and ask for the business tax department to see if the business is listed. If it is, get the proper name of the business and the name of the registered agent. This is the person you will serve with your legal papers. You can also, obtain additional information on how to find the name of the registered agent and the legal address of the corporation in the State Supreme Court of the State of New York.
Once you have determined the proper legal entity to sue, make sure to get the full name and address. A small error in spelling or an incorrect address could cost you months when your papers cannot be served.
Immigration Law
Join Our Mailing List