I sued a business in small claims and won. The business has since dissolved. Can I sue the owner personally?
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I sued a business in small claims and won. The business has since dissolved. Can I sue the owner personally?
Asked on June 29, 2009 under Business Law, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I'm not a California attorney, and there are some questions of state law that vary, that could be important here. And I'm not familiar with your case at all. But, depending on how the business was organized, and how it was dissolved, you might be able to go after the owner as an individual. You need to take this up with a lawyer in your area, because it's not a simple question at all. One place you can find an attorney is our website, http://attorneypages.com
If the business was a partnership or a proprietorship (single owner), even if there was a business name it was always the individual owner(s) that was the real defendant in your small claims suit. You may not even need a new lawsuit, in that case. Otherwise, the details of how the defendant corporation or LLC was shut down become important, because if the owners (corporate shareholders or "members" of the LLC) got anything from the assets, you might be able to pursue that.
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