I am about to sue a remodeling contractor in small claims court, should I sue his corporation or him as an individual?

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I am about to sue a remodeling contractor in small claims court, should I sue his corporation or him as an individual?

The Secretary of State’s records show he incorporated just before he started my job. However all the checks I wrote him 6 total were made out to him personally not his corporation name.

Asked on May 11, 2017 under Business Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You should name both the corporation and the contractor as defendants in your lawsuit. 
If the corporation is a fictitious business name, you would sue the defendant as John Jones dba Smith Corporation, Inc.
As to where you would file the lawsuit, a lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the incident/transaction giving rise to the lawsuit occurred. For convenience purposes, file the lawsuit in the state in which you live.


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