General Question

LegalizeIt11's avatar

Should I sue the person or the business?

Asked by LegalizeIt11 (29points) November 20th, 2010

I have a situation in which someone performed body work on my truck and did not complete it after I paid him. I would like to take this person to small claims court. He technically has a registered business but he currently works out of other people’s shops and his house. He deals primarily in cash so I doubt he claims much on either himself or the business. The receipt he gave me shows his business name on it.

Who would it be better to sue, him or his business?

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8 Answers

JustJessica's avatar

You always sue the person with the deepest pockets! If it’s a true legit business he should have insurance to cover it.

Trillian's avatar

You are within you rights to sue to cover the cost of fixig whatever it is that the person has left undone, and maybe some compensation for going to the extra trouble. Probably a lawyer can advise you regarding the person or the business.
The idea that you can get lots of cash to which you’re not really entitled is a large part of what is wrong with this country. Please to do not compound this problem by trying to get something for nothing at the expense of another person.

LegalizeIt11's avatar

I just want my money back that is all. I paid him $1100 and every painter in town claims they need to “re-do” his work, costing me about another $1000. This doesn’‘t count the multiple trips 30 miles each way to try and locate this guy…. He is not really a legit guy and I do not know if his business has “lawsuit insurance.” His business isn’t even at the address listed anymore like I said he just works out of people’s shops.

BarnacleBill's avatar

You are probably going to have to sue him as BDA : John DBA Too-Good-To-Be-True Cheap Body Work. If he works for cash, then he’s probably not reporting all of his income, or could be laundering money from “a sideline” and will probably want to settle quickly.

Judi's avatar

Sue everyone Everyone and let the judge sort it out.

iamthemob's avatar

@Judi has it right. Any lawyer not begging for a malpractice suit would be careful to sue both the individual and the business. If you choose one or the other, and the fault lies with the party not chosen, you may end up pursuing a dead end and then run out the statute of limitations before you get the chance to sue the right party.

Andreas's avatar

@LegalizeIt11 This is a legal question and you really should see a lawyer as laws and jurisdictions can vary widely.

thekoukoureport's avatar

If this is small (monetarily speaking) Then sue them all in small claims. If this is higher in value than what small claims allows then definitely consult an attorney. However please note that just because you sue and even win does not mean that you ever get to collect your money. If the plaintiff has no hard assets you can’t lien anything. and all you end up doing is waisting your time and money for validation that someone owes you money. If it’s a small amount, learn a lesson and move on.
The time and headaches alone could cost more than trouble.

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